British court hearing on migrants' detention halted by US

US withdraws consent for British court hearing on Diego Garcia, citing risks to base security and operations.

The US government has blocked a British court hearing from taking place on the British Indian Ocean Territory (BIOT), citing security concerns, according to official documents.

The supreme court of BIOT was scheduled to hold a hearing this week on the island of Diego Garcia, attended by the BBC, to determine if a group of migrants was being unlawfully detained. However, the US last week withdrew its consent for the hearing, preventing lawyers and press from accessing the island.

Diego Garcia, which hosts a secretive UK-US military base, has restricted access. The US stated it would not allow participants of the hearing to board US military flights to the island or provide necessary accommodations.

The migrants arrived on Diego Garcia in October 2021, fleeing persecution and attempting to reach Canada for asylum. Their boat encountered trouble near the island. Late last Thursday, the court cancelled the hearing due to US security concerns related to a scheduled site visit.

In a communication on 3 July, titled “United States Notification to the United Kingdom of denial of the 6-12 July 2024 visit by of [sic] the BIOT Supreme Court to Diego Garcia,” US authorities cited risks to the base’s security and operations.

Previously, the US had agreed to limited access for the court, including the migrant camp and surrounding beaches. However, it restricted access to areas open to civilian contractors and other non-military personnel.

Court documents filed on behalf of BIOT’s commissioner indicated that the US military commander's decision was based on confidential national security assessments.

Tom Short, a lawyer from the UK firm Leigh Day representing some of the migrants, called the hearing cancellation “a devastating blow to our vulnerable clients.” He urged for the hearing to be rescheduled soon.

“Our clients have agreed to US demands that certain US-controlled buildings be excluded from the site visit,” Short said. “It is crucial for our clients that the judge sees the detention camp and they attend a hearing in person.”

A virtual court hearing on Tuesday, attended by lawyers in London and the migrants in Diego Garcia, sought to determine the next steps as discussions between the UK and US governments continue. Migrants expressed their disappointment at the hearing's cancellation.

“It has taken away all our hope,” one woman told the BBC. “We have been stuck here for almost three years. We hoped this hearing would provide some relief.”

The UK took control of the Chagos Islands, including Diego Garcia, from its then colony, Mauritius, in 1965. It evicted over 1,000 people to make way for the military base. The US has used the territory since 1966 under an agreement, now set to expire in 2036.

The United Nations' highest court ruled that the UK's administration of the territory is "unlawful" and must end. Most personnel and resources on Diego Garcia are controlled by the US, which can refuse access for security reasons.

In a witness statement, BIOT’s deputy commissioner, Nishi Dholakia, said alternative arrangements to replace US logistical support were not possible in time for the scheduled hearing.

The Foreign Office previously stated that Diego Garcia is not suitable for migrants to live on and is working to process their claims and find a suitable third country for resettlement.

The dozens of Sri Lankan Tamils who landed on the island in October 2021 are the first to file asylum claims on BIOT. About 60 people remain, guarded by private security company G4S, as legal battles continue.

Tuesday’s virtual hearing was the first opportunity for migrants to meet their lawyers. Multiple suicide attempts and reports of harassment have been documented within the camp.

United Nations representatives reported that conditions in the camp amounted to arbitrary detention. The UK government has stated it prioritises the welfare and safety of migrants on BIOT.