The Director of Public Prosecutions (DPP) has refused to proceed with a prosecution of Babar Ahmad and Talha Ahsan through lack of evidence.
But bizarrely, because there is not enough evidence to try them here, they can be sent to the US for trial on the same charges.
The two are among five men fighting extradition to the US on terrorism charges. They deny the charges and have been held without trial for years, in Babar’s case since 2004.
Campaigner Karl Watkin tried to launch the private prosecution so that the men would be tried in Britain, where they live and where the crimes were supposedly committed.
Outrageously, under the current treaty the US needs to provide no evidence before demanding the British citizens are handed over.