The US government has prevented a British court hearing from taking place in a UK territory.
Specifically, it is the island of Diego Garcia, a remote atoll in the Chagos Archipelago, in the Indian Ocean.
US authorities banned the hearing citing security concerns, according to court documents seen by the BBC.
The Supreme Court of the British Indian Ocean Territory (known as Biot (USCIS) was scheduled to hold a hearing this week on the alleged illegal detention of a group of immigrants on the island.
Last week, Washington authorities announced they had “withdrawn their authorization” for lawyers representing immigrants and “members of the press” (referring to the BBC) to access the island, according to court documents.
They said they would not allow the hearing participants to board U.S. military flights to Diego Garcia and would not provide transportation, lodging or food on the island until “their concerns are adequately resolved.” operational and safety concerns“, according to the statement of the territory’s deputy commissioner, Nishi Dholakia.
The United States said it would be “willing to reconsider” the requests if the visit might be “conducted in a manner” that addresses its concerns, the statement said.
“Security risks”
Dozens of migrants arrived on the island in October 2021 on a fishing boat.
They claimed to be victims of persecution that were trying to sail to Canada to apply for asylumwhen his ship ran into trouble near Diego Garcia.
On the evening of Thursday 4 July – hours before the judge, UK government lawyers, representatives of the migrants and the BBC boarded the first flight of the journey – the court issued an order cancelling the hearing.
US security concerns are linked to a visit scheduled as part of the hearing that included the migrant camp and other areas of Diego Garcia.
Tom Short, lawyer at the British firm Leigh Daywho represents some of the migrants, called the cancellation of the hearing “a devastating blow for our vulnerable customers” and asked to reschedule it as soon as possible.
On Tuesday 9 July, lawyers in London and migrants in Diego Garcia attended a virtual court hearing to determine the next steps in the case, while negotiations between the UK and US governments continue.
A disputed territory
The United Kingdom took control of the Chagos Islands, of which Diego Garcia is a part, from its then colony Mauritius in 1965.
Posteriorly evacuated its population of more than a thousand people to set up the military base.
The agreements signed in 1966 allowed for an initial period of 50 years of use of the territory by the United States, with a further 20 years of extension. The agreement was renewed in 2016 and now will expire in 2036according to the Biot website.
This territory is administered from London, but is described as “constitutionally distinct” from the United Kingdom.
Mauritius, which gained independence in 1968, claims the atoll as its own and the United Nations’ highest court has ruled that The UK administration is “illegal” and it must end.
Most of Diego Garcia’s staff and resources are under U.S. control, from accommodation and transportation to restaurants and shops.
The U.S. military command may deny access to areas operated or controlled by the military for security reasons.
The official Biot website states that access is only permitted to “those with connections to the military installation or the Territorial Administration.”
Important war base
Diego Garcia is considered an important strategic base for the United States.
Earlier this year, two B-52 bombers were sent there for training exercises.
In recent decades they have departed from this base US planes to bomb Afghanistan and Iraq.
The UK government has confirmed that “rendition flights” used to transporting terrorist suspects to other countries where they can be detained and interrogated with fewer legal restrictions.
Former CIA Director Mike Hayden has denied allegations that suspected terrorists were harbored or interrogated at Diego Garcia.
The migrant camp
Dozens of Sri Lankan Tamils landed on the island in October 2021, becoming the first people to lodge asylum claims in the British territory.
Nails 60 people, including at least 16 childrenremain there while complex legal battles over their fate are waged.
They are staying in tents inside a fenced camp guarded by the private security company. G4S.
There have been multiple Suicide attempts on the island and reports of harassment and assault sexual allegedly committed by migrants inside the camp.
Some migrants have been flown to Rwanda for medical treatment following attempts at self-harm and suicide, while those whose applications were successful are waiting for a “safe third country” to be designated for resettlement.
Like “parrots in a cage”
After visiting the camp late last year, UN officials said conditions there amounted to arbitrary detention.
In interviews with the BBC, migrants have described conditions on the island as hellish.
“We are parrots, we are in a cage“one of them protested last year, referring to the lack of freedom.
During Tuesday’s virtual hearing, one of the migrants on the island appeared to collapse.
The UK Foreign Office previously told the BBC that the island is not suitable for these people to live on and said it was “working tirelessly to process the migrants’ protection applications and find a third country suitable for those whose applications are accepted.”
“The well-being and safety of immigrants in the Biot has been our top priority throughout,” he said earlier this year.
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