A UK judge has ruled that over 60 Tamil asylum seekers were unlawfully detained for three years on Diego Garcia, one of the world’s most remote islands, which was described as “hell on Earth.” The judgment could have major compensation implications for detainees, with costs in the millions likely to fall on the government.
The asylum seekers, who had been stranded on the island in October 2021 after their boat sprang a leak, were trying to reach Canada to seek asylum. They were rescued by the British navy stationed on Diego Garcia as part of the UK’s military presence shared with the US due to the strategic importance of the island for a US military base.
The ruling was by Margaret Obi, acting judge of the British Indian Ocean Territory’s supreme court, who ruled that the asylum seekers were effectively imprisoned and were living under harsh conditions with little control over their lives. One detainee described his situation as a “slow death every day,” while others reported being told that if they left the camp, they would be shot by US military personnel. Despite being released on bail, they were not allowed to leave the camp and were exposed to extreme conditions, such as not being allowed to sit, use toilets, or refill their water bottles.
The judge also criticized the handling of their asylum claims by the UK government, arguing that political considerations, which included the impact on the government’s Rwanda policy, had delayed their processing. The US government had further complicated the situation by raising concerns about the security risks posed by the asylum seekers’ presence on the island.
The ruling has widely been hailed as a triumph for justice and human rights with lawyers calling for accountability about how the UK handled its case. The government has promised to review the judgment.
