Britain detained migrants illegally in Diego Garcia, judge finds

Sri Lankan Tamil migrants were unlawfully detained for years in the remote British territory of Diego Garcia, a judge has ruled.

In 2021, dozens of Tamils ​​became the first to claim asylum on the Indian Ocean island, which is the site of a secret UK-US military base.

He was kept in a small fenced camp for years, Before being brought to the UK earlier this month Which the government described as a “one-time” step in the interest of their welfare.

A lawyer representing some of the migrants said questions need to be asked as to how this was possible. A UK government spokesperson said it was “considering this decision carefully”.

Diego Garcia was never a “suitable long-term destination for migrants” and the government “inherited a deeply troubling situation that remained unresolved for years under the previous administration,” the spokesman said.

Commenting on the verdict, Simon Robinson, a lawyer at UK firm Duncan Lewis, which represents some of the migrants, said “the question needs to be answered as to how, in the 21st century, this could have happened”.

The decision comes after a landmark hearing held in a converted chapel on the island in September. The BBC gained unprecedented access to the island and the migrant camp there to cover the proceedings.

Diego Garcia is part of the Chagos Islands, or British Indian Ocean Territory (BIOT), a territory described as “constitutionally separate” from the UK. It is administered by a Commissioner based at the Foreign Office in London.

During their time on the island, the Tamils, including 16 children, were housed in military tents in a fenced camp, which was guarded at all times by the private security company G4S.

Tamils ​​have described their time on the island as being like living in “hell”.

“It’s like an open prison – we weren’t allowed to go out, we were just living behind a fence and in tents,” A woman told the BBC After being brought to the UK with her husband and two children this month.

During a visit to the camp site in September, the court observed cracks in some tents and rats nesting on top of military cots that were given to the migrants as bedding.

There were several hunger strikes in response to camp conditions and several incidents of suicide and suicide attempts, after which some people were transferred to Rwanda for medical treatment.

There were also cases and allegations of sexual assault and harassment by other migrants, including children, within the camp.

Acting Justice Margaret Obi of the Biot Supreme Court said in her ruling on Monday that the camp was a prison “in all but name” and “was a prison from the very beginning”.

He found that a former deputy commissioner had “only a limited appreciation of the fundamental importance of independence”.

Tom Short, a lawyer at the firm Leigh Day, said the ruling was “not only a vindication of our clients’ rights but a victory for the rule of law in the British Overseas Territories.”

“Such an insult to fundamental rights should never have happened and this travesty of administration should be fully looked into at the appropriate time,” he said.

The BBC believes the camp is now closed but two men with criminal convictions and another man under investigation remain on Diego Garcia.

Britain took control of the Chagos Islands from its then-colony, Mauritius, in 1965 and evicted its population of more than 1,000 people to make way for the base.

The decision comes after Britain agreed to hand over the islands earlier this year For Mauritius in a historic step.

Under the agreement, which has still to be signed, Diego Garcia will continue to serve as a UK-US military base but Mauritius will take responsibility for any future migrant arrivals.