2024-07-15 20:46:55
London: The US has blocked a UK court from hearing cases in its territory, citing security concerns. This territory is none other than Diego Garcia in the Indian Ocean. The island is home to a secret British-US military base and access to it is highly restricted. The Supreme Court of the British Indian Ocean Territory (BIOT) was scheduled to hold a hearing this week to discuss whether a group of migrants were illegally detained on the island of Diego Garcia. The BBC was also involved in this hearing. However, according to court documents, last week the US said it was withdrawing its consent to allow lawyers representing migrants and “members of the press” such as the BBC to access the island.
America said – we will not allow
The document said it would not allow hearing participants to board US military flights to Diego Garcia, and would not provide transport, accommodation or meals on the island, until its “security and operational concerns are adequately addressed”. This was reported in a witness statement by Nishi Dholakia, deputy commissioner of the British Indian Ocean Territory (BIOT). The US said it would be “willing to reconsider” the requests if the visit “can be conducted in a manner” that addresses its concerns, the statement said.
Dozens of migrants are stranded in Diego Garcia
Dozens of migrants arrived on the island of Diego Garcia in October 2021. They said they were fleeing persecution and trying to reach Canada to seek asylum when their boat ran into trouble near Diego Garcia. Late last Thursday, the judge, UK government lawyers, those representing the migrants and the BBC shared the court order cancelling the hearing just hours before they were due to fly on the first leg of the journey. US security concerns relate to a site visit that was scheduled to take place on the island as part of the hearing, which was to include the migrant camp and several other areas of Diego Garcia.
What did America say in the message sent to Britain
In a July 3 communication titled “Notification of the United States to the United Kingdom of Refusal to Conduct a Visit by the BIOT Supreme Court to Diego Garcia on July 6-12, 2024,” US officials said the visit to the site “presents a risk to the security and effective operation of the base.” Court documents filed on behalf of the BIOT commissioner said the assessment of the US military commander on the island was “confidential and based on the US assessment of its national security needs.”
Migrants’ lawyer expressed concern
Tom Short, a lawyer at U.K. firm Leigh Day, which is representing some of the migrants, said the cancellation of this week’s hearing was “a devastating blow to our vulnerable clients,” and called for it to be rescheduled as soon as possible. A virtual court hearing on Tuesday attended by lawyers in London and the migrants on Diego Garcia sought to determine the next steps in the case as discussions continue between the U.K. and U.S. governments.
Who controls Diego Garcia
Britain took control of the Chagos Islands, of which Diego Garcia is a part, from its then-colony Mauritius in 1965. It evicted the population of more than 1,000 people to make room for a military base. Agreements signed in 1966 allowed the U.S. to use the territory for an initial 50 years, with an extension of another 20 years. The agreement was “rolled over” in 2016 and is now set to expire in 2036, according to the BIOT website. BIOT is administered from London but is described as “constitutionally separate” from the U.K.
Who illegally occupied Diego Garcia?
Mauritius, which gained independence from the U.K. in 1968, says the islands are its own and the U.N. Supreme Court has ruled that the U.K.’s administration of the territory is “illegal” and must end. Most personnel and resources on Diego Garcia are under U.S. control, including most accommodation and transportation on the island as well as restaurants and shops. The U.S. military commander may deny entry to areas operated or controlled by U.S. forces for security reasons. Biot’s official website states that entry is permitted only to “persons associated with the administration of the military facility or territory.”
Why Diego Garcia is so important
Diego Garcia has been described as a key strategic base for the U.S. Earlier this year, two B-52 bombers were sent there for a training exercise. In recent decades, American aircraft have been dispatched from the base to bomb Afghanistan and Iraq. The U.K. government has confirmed that rendition flights landed on the territory to refuel in 2002, although former CIA director Mike Hayden has denied reports that the territory has ever been used to hold and interrogate terror suspects.
How did Sri Lankan Tamils reach Diego Garcia
Dozens of Sri Lankan Tamils landed on the island in October 2021, becoming the first people to claim asylum on Biot. About 60 people, including at least 16 children, are still there as complex legal battles are fought over their fate. They are housed in tents in a fenced camp, which is guarded by private security company G4S. There have been several suicide attempts on the island, and there are reports of alleged sexual harassment and assault by migrants within the camp.