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British judge rules Diego Garcia asylum seekers were unlawfully detained

British authorities illegally detained more than 60 asylum seekers on the remote island of Diego Garcia for over three years, a British judge ruled on 16 December.

The group of mostly Tamils had been stranded on the island since late 2021 after fleeing persecution in Sri Lanka by boat. Part of the British Indian Ocean Territory (BIOT), Diego Garcia is home to a secretive US-UK military base.

The asylum seekers endured prison-like conditions for years. They were confined to a fenced camp, lived in rat-infested tents, and were periodically cut off from communications beyond the island. Dozens participated in hunger strikes and attempted suicide to protest the conditions and efforts by BIOT authorities to deport them.

“It is unsurprising that the claimants feel as if they are in a prison; that is exactly what it is, in all but name,” said Margaret Obi, Acting Judge of the BIOT Supreme Court, while delivering her ruling.

During a hearing held in the island’s chapel in September, members of the group testified that they were warned they would be shot by US military personnel if they left their camp.

Lawyers for the BIOT administration argued that restrictions on the group’s movement could not be relaxed without negotiating with the US military, prompting lawyers for the asylum seekers to ask whether bilateral treaties trumped British law in the overseas territory.

“This judgment is not only a vindication of our clients’ rights but a triumph for the rule of law in the British Overseas Territories,” said Tom Short, a lawyer for some of the asylum seekers, in a statement released following the ruling. “Such an affront to fundamental rights should never have happened and in due course this travesty of administration must be looked at in full.”

The judge also noted that the UK Home Office delayed processing the group’s international protection claims over concerns that parts of the process “could set a precedent” for the government’s plan to deport hundreds of asylum seekers from the UK to Rwanda.

All of the asylum seekers, aside from three who face criminal charges on Diego Garcia, were admitted to the UK earlier this month. They have been permitted to stay for six months and can apply to stay longer.

The UK government may soon be required to pay millions in damages to the asylum seekers, The Guardian reported. The UK government is “carefully considering” the judgement, a spokesperson told the BBC.

For background on the Diego Garcia asylum seeker case, read our recent report: