In a significant ruling, a judge has declared that the United Kingdom unlawfully detained Sri Lankan Tamil migrants on the remote island of Diego Garcia for several years. This landmark decision highlights the difficulties faced by these asylum-seekers, many of whom were held in deplorable conditions at a makeshift camp within the British Indian Ocean Territory, home to a sensitive UK-US military base.
The ruling stems from actions initiated in 2021 when dozens of Sri Lankan Tamils sought asylum on Diego Garcia, marking a historical first for the island. However, upon their arrival, these individuals were confined within a small, fenced area, resembling a prison, until they were eventually transported to the UK. This recent transfer was characterized by the UK government as a “one-off” initiative aimed at improving the conditions of the detained migrants, who included 16 children—an aspect that underscores the vulnerabilities of those involved.
A lawyer representing the migrants has raised pressing concerns about the circumstances that permitted such unlawful detention to occur over an extended period. The UK government’s official response claimed that they are presently “carefully considering this judgement,” indicating an ongoing evaluation of the implications surrounding this case.
During the legal proceedings, it became evident that Diego Garcia was never a suitable or humane long-term refuge for migrants. In a statement from a government spokesperson, the situation was described as one inherited from a previous administration, which failed to address the deep issues related to migrant rights and welfare. The spokesperson emphasized that the migrants’ detention scenario needs to be critically examined in the context of fundamental human rights, emphasizing the urgency to rectify the injustices faced by the Tamils.
The judicial ruling, delivered by Acting Judge Margaret Obi of the British Indian Ocean Territory’s Supreme Court, characterized the conditions at the camp as tantamount to imprisonment. She stated that the situation “had been a prison from the outset,” reflecting the severe constraints imposed on the migrants’ freedom. The conditions described by the detainees included living in military tents under constant surveillance by a private security company. Reports indicated that the environment was rife with distress, leading to numerous hunger strikes and incidents of self-harm among detainees.
Lawyer Tom Short from the firm Leigh Day expressed that this ruling not only vindicates the rights of the migrants but also serves as a broader triumph for the rule of law in the British Overseas Territories. Both he and Simon Robinson pointed out the urgent need for accountability regarding how such violations of rights could happen in contemporary society, aiming for a thorough investigation into the management of the migrants’ situation.
Diego Garcia is part of the larger Chagos Islands (or British Indian Ocean Territory) and has been administered from London since the UK evicted its original inhabitants over 50 years ago to facilitate the establishment of the military base. Recently, a historic agreement has been reached where the UK will transfer sovereignty of the islands back to Mauritius, albeit with provisions ensuring that Diego Garcia retains its status as a UK-US military base. This arrangement raises pertinent questions regarding the future handling of any migrants seeking refuge on the islands.
The closure of the detention camp is a welcome development. However, reports suggest that a few individuals, including two with criminal records, remain on Diego Garcia under investigation, raising additional concerns about ongoing procedures and protections for the remaining migrants. This case serves as a stark reminder of the challenges faced by displaced persons trying to navigate complex international asylum systems and the urgent need for reform to ensure respectful treatment of their fundamental rights.
