Court backs ruling that UK unlawfully detained Tamils on Diego Garcia | Chagos Islands
Appeal court judges backed a ruling that dozens of asylum seekers were unlawfully detained on one of the world’s most remote islands and rejected an appeal by the regional commissioner on Tuesday.
Exactly a year ago, on December 16, 2024, a judge ruled that Tamils who arrived on the island of Diego Garcia, a UK and US military base, after being shipwrecked while trying to reach Canada to seek asylum, were unlawfully detained for three years in conditions described there as “hell on Earth”.
British Indian Ocean Territory (BIOT) commissioner, Nishi DholakiaHe appealed to the region’s appeals court that Tamils were not unlawfully detained on the island. However, all four grounds of appeal were rejected by the judges in the decision given in the London court. They found there was a “highly selective practice” of the evidence the commissioner submitted in support of his objection.
The British government could face millions of pounds in compensation for unlawfully detaining more than 60 people for so long after an unlawful detention order was approved on Tuesday last year.
Located halfway between Tanzania and Indonesia, Diego Garcia has white sandy beaches surrounded by turquoise seas and dense forests filled with coconut trees.
However, conditions for the refugees were less favorable. They were largely deprived of their freedom and housed in rat-infested tents.
Acting judge of the BIOT high court, Margaret Obi, found last December that they were unlawfully detained. In his decision he said: “It is not surprising that the plaintiffs feel like they are in prison; that is exactly the situation in all but name.”
Leigh Day lawyer Tom Short, who represents some of the Tamils, welcomed Tuesday’s ruling: “Today’s decision by the BIOT Court of Appeal that the commissioner unlawfully detained our clients in prison-equivalent conditions in a fenced and guarded camp for more than three years is a complete vindication of the decision made by Lady Justice Obi following a full hearing earlier on the island of Diego Garcia,” he said. 16 children – this way and he had no justification for doing this. “The attempt to rewrite history has failed.”
Simon Robinson, a solicitor at Duncan Lewis, who also represented a number of clients, said: “We welcome the decision of the appeal court dismissing the commissioner’s appeal on all grounds. Their unlawful detention has cost the UK taxpayer £108,000 a day. Added to these costs are the significant damages that will now be owed. These costs have been compounded by the appalling delay of the home secretary and foreign secretary in agreeing to end their detention and relocate.” them.”
The Ministry of Internal Affairs was contacted for opinion.
