BRITISH opposition to the death penalty hung in the balance last night after judges ruled the government could share information with US authorities that some fear may lead to the execution of terror suspects.

The High Court case centred on two suspected Islamic State terrorists, El Shafee Elsheikh and Alexanda Kotey, who are currently detained by Kurdish forces in Syria.

The men are alleged to be responsible for killing high-profile Western captives and while the Crown Prosecution Service (CPS) decided there was “insufficient evidence” to try them in Britain, US prosecutors are still building a case.

Home Secretary Sajid Javid shared witness statements gathered by the Metropolitan Police with US authorities without seeking assurances that the men would not face execution if they were then extradited and tried there.

That decision was challenged by Elsheikh’s mother, Maha El Gizouli, who wanted him to face trial in Britain.

Her lawyer, Gareth Pierce, expressed concern about the judgment, warning that the Met and MI5 “have refused to tell her whether all of the evidence in their possession was provided to the CPS before it concluded there was insufficient evidence for a prosecution.”

Rights group Reprieve deputy director Harriet McCulloch said: “The Home Secretary’s actions in this case risk indicating to foreign governments that there are in fact circumstances where Britain will not oppose capital punishment, which would undermine the Britain’s efforts to save others from execution overseas,whether they are British nationals facing execution abroad or peaceful protesters and children in countries like Saudi Arabia.”

Mr Javid said he was “pleased” with the court’s decision and claimed that Britain’s “longstanding opposition to the death penalty has not changed.”