The US has blocked Supreme Court of British Indian Ocean Territory (BIOT) access into British territory of Diego Garcia and prevented Eelam Tamil migrants' court hearing, citing security concerns.
The Supreme Court of BIOT was due to hear a case this week on whether a group of Eelam Tamil migrants were being unlawfully detained on the island of Diego Garcia. The island has a complex administrative system with it falling under British control, deemed 'unlawful' by the United Nations' highest court, but also under partial control by the US via an agreement. The US military commander can refuse access to areas operated or controlled by the US military for security reasons.
Last week, the US had sent a notification of a "withdrawal of consent" of access onto the island for lawyers representing the migrants, as well as the press, the BBC one which was due to attend. This withdrawal came a mere few hours before the relevant British personnel were to board the flight, late last Thursday. The "hearing is cancelled, " BIOT's deupty commissioner Nishi Dholakia explained, "as the room in which it was due to take place is inaccessible without US co-operation.".
The group of Tamils fled Sri Lanka in October 2021, attempting to reach Canada to claim asylum before their boat had come into trouble near Diego Garcia. The UN refugee agency UNHCR had released a damning report finding violence, abuse and arbitrary detention of the migrants in Diego Garcia. Allegations of sexual abuse against women and children were also presented to the UN inspectors. The UN report called for "immediate relocation" due to concerns of safety. Tom Short, a UK lawyer representing some of the migrants, said the cancellation of this week’s hearing had been “a devastating blow to our vulnerable clients”, and called for immediate re-arrangement. He continued that “It is of paramount importance to our clients that the Judge see the detention camp and that they attend a hearing in person.”. The US would be “willing to reconsider” withdrawing consent if the visit addressed its “security and operational concerns”.
Earlier this year in April, the British Supreme Court had ruled in favour of Eelam Tamil children held in Diego Garcia and found that key protections in the UK's Children's Act also applied to them.
