Court Upholds Ruling That UK Illegally Detained Tamils on Diego Garcia
Judges in the appeal court have upheld a ruling that indicated dozens of asylum seekers were illegally detained on one of the globe’s most isolated islands, dismissing an appeal made on Tuesday by the territory’s commissioner. Exactly one year earlier, on 16 December 2024, a judge determined that Tamils who arrived on Diego Garcia, a military base shared by the UK and the US, following a shipwreck while attempting to reach Canada for asylum, had been unlawfully held there for three years under conditions described as “hell on Earth.” Nishi Dholakia, the commissioner for the British Indian Ocean Territory (BIOT), submitted an appeal in the territory’s court of appeal asserting that the Tamils were not unlawfully detained. However, judges rejected all four aspects of his appeal in their ruling delivered in a London court, stating that the evidence provided by the commissioner to bolster his case was “a highly selective exercise.” Following the reaffirmation of the unlawful detention ruling from last year, which was upheld on Tuesday, the British government may be liable for millions of pounds in damages for unlawfully holding more than 60 individuals for such an extended period. Located midway between Tanzania and Indonesia, Diego Garcia boasts picturesque beaches of white sand framed by turquoise waters and lush coconut palm forests. In contrast, the conditions for the asylum seekers were far from ideal, as they were housed in tent accommodations infested with rats and largely stripped of their freedom.
Map showing location of Diego Garcia in Indian OceanMargaret Obi, the acting judge of the BIOT supreme court, found last December that the Tamils had been unlawfully detained. In her decision, she stated: “It is unsurprising that the claimants feel as if they are in a prison; that is exactly what it is, in all but name.” Tom Short, a solicitor from Leigh Day representing some of the Tamils, expressed his approval of Tuesday’s ruling: “The decision by the BIOT court of appeal today confirms that the commissioner unlawfully detained our clients for over three years in a fenced and guarded facility under conditions tantamount to imprisonment. This fully vindicates the earlier ruling made by Ms Justice Obi after a comprehensive trial on the island of Diego Garcia,” he remarked. “The court determined that the commissioner intended to confine our clients – including 16 children – in such a manner and that he lacked any justification for doing so. His effort to alter the narrative has not succeeded.” Simon Robinson, an attorney from Duncan Lewis solicitors, who also represents some of the clients, added: “We are pleased with the court of appeal’s ruling that rejected the commissioner’s appeal on all fronts. Their unlawful detention cost the UK taxpayer £108,000 each day. The significant damages that will now be owed only add to these expenses, which escalated due to the unreasonable delay by the home secretary and foreign secretary in deciding to terminate their detention and facilitate their relocation.” A spokesperson for the Foreign, Commonwealth and Development Office stated: “The BIOT commissioner challenged the original ruling on various grounds. Diego Garcia has never been an appropriate site for migrants, and this scenario was highly unique, with safety being a primary consideration at all times. “It is now the responsibility of the BIOT administration to thoroughly review the ruling and determine subsequent actions. Nonetheless, this is clearly not the outcome we anticipated.”
Published: 2025-12-16 17:13:00
source: www.theguardian.com
