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    Home » The Detention of Migrants on Diego Garcia was Ruled Unlawful by Court
    UK

    The Detention of Migrants on Diego Garcia was Ruled Unlawful by Court

    December 17, 2024Updated:December 17, 20243 Mins Read
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    UK unlawfully detained migrants on Diego Garcia
    Sri Lankan Tamil migrants hold a 'silent protest' on Diego Garcia. Source: BBC.
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    Sri Lankan Tamil migrants were unlawfully detained for years on Diego Garcia, a remote British territory in the Indian Ocean, a judge has ruled. The migrants, including families and children, were held in a fenced camp on the island, which is home to a secretive UK-US military base.

    In 2021, dozens of Tamil migrants became the first to seek asylum on Diego Garcia. They were housed in military tents within a small camp guarded by private security company G4S. The migrants described their living conditions as unbearable, with one woman saying, “It was like an open prison. We were not allowed to go outside. We just lived in a fence and a tent.”

    Earlier this month, the UK government moved the migrants to Britain in what it called a “one-off” decision to ensure their welfare. However, the case has now led to a major ruling against the UK government. Margaret Obi, acting judge of the British Indian Ocean Territory (Biot) supreme court, said the camp operated as a prison “in all but name” and had been so from the beginning. She criticized officials for failing to understand the fundamental importance of liberty.

    The BBC, which gained rare access to Diego Garcia, reported that the camp had deteriorating conditions, including ripped tents, rats nesting above cots, and limited resources. The court also heard about hunger strikes, self-harm incidents, and suicide attempts by migrants in response to their situation. Some migrants were even transferred to Rwanda for medical treatment.

    Lawyer Simon Robinson, representing some of the migrants, called the situation “deeply troubling” and said, “Questions need to be answered about how, in the 21st century, this was able to happen.” Another lawyer, Tom Short, described the ruling as a “triumph for the rule of law” in British territories, adding that such violations of human rights must never happen again.

    Diego Garcia is part of the Chagos Islands, a territory Britain took control of in 1965 after evicting over 1,000 Chagossians to make way for the military base. The islands remain a controversial issue, with the UK agreeing earlier this year to return them to Mauritius. Under the agreement, Mauritius will take responsibility for future migrant arrivals, while Diego Garcia will continue as a military base.

    A UK government spokesperson said they are “carefully considering” the judgement. They added that Diego Garcia was never meant to be a long-term location for migrants and blamed the situation on unresolved issues inherited from previous administrations.

    Although the camp has now been closed, the BBC reported that three men remain on the island due to criminal convictions or ongoing investigations. The judgement highlights the need for better policies to address migration and uphold human rights in British territories.

    British Indian Ocean Territory migrants Chagos Islands migrants Diego Garcia detention Diego Garcia human rights Immigration migrant migrants migration Tamil migrants Diego Garcia UK migration policies UK unlawfully detained migrants
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