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BIOT Supreme Court determines that individuals were unlawfully detained on Diego Garcia

16/12/2024

Ms Justice Obi, Acting Justice of the Supreme Court of the British Indian Ocean Territory (the “BIOT”), today handed down judgment in respect of whether a group of Sri Lankan nationals of Tamil ethnicity who have remained on Diego Garcia for the last few years were detained there unlawfully.

Diego Garcia is the largest island of the Chagos Archipelago. It has an area of approximately 12 square miles and much of the island is used as a US-UK military base.

The majority of the individuals arrived on Diego Garcia in October 2021 (with some arriving the following year), after being rescued at sea. They remained on Diego Garcia until December 2024, when most of them were brought to the UK.

In proceedings brought against the BIOT Commissioner, the Claimants submitted that they were unlawfully detained on Diego Garcia. The BIOT Supreme Court (Ms Justice Obi) sat in Diego Garcia from 16 – 19 September 2024. She heard evidence from representative Claimants, as well as the Defendant, and determined that the Claimants had been unlawfully detained.

William Irwin and Anisa Kassamali represented the BIOT Commissioner at the hearing on Diego Garcia, together with John McKendrick KC of Outer Temple Chambers. Andrew Ratomski also represented the BIOT Commissioner at earlier stages of the proceedings.

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