Chagos: The Court of Appeal Confirms that the UK Illegally Detained Tamil Sri Lankans in Diego Garcia

The UK Court of Appeal has dismissed an appeal from the commissioner of the British Indian Ocean Territory (BIOT), confirming a previous ruling that Tamil asylum seekers from Sri Lanka were illegally detained in Diego Garcia. This was reported by The Guardian on their website on Tuesday, December 16.

The judges determined that dozens of asylum seekers had been unlawfully deprived of their freedom on one of the most isolated islands in the world, rejecting the appeal made by the territory’s commissioner.

Exactly a year ago, on December 16, 2024, a judge ruled that Tamils who arrived in Diego Garcia—a British and American military base—after a shipwreck while trying to reach Canada for asylum had been unlawfully detained for three years under conditions described as 'hell on earth.'

The BIOT commissioner, Nishi Dholakia, appealed this decision, arguing that these individuals had not been held illegally. However, the Court of Appeal judges dismissed all four arguments presented, stating that the evidence provided by the commissioner was based on 'a highly selective exercise.'

Following this judicial confirmation, the British government may now face multi-million-pound compensation claims for the illegal detention of more than 60 individuals over such an extended period.

Located midway between Tanzania and Indonesia, Diego Garcia is known for its white sandy beaches, turquoise waters, and dense coconut palm forests. However, the reality faced by the asylum seekers was starkly different: housed in rat-infested tents, they were largely deprived of their freedom.

Last December, interim Supreme Court judge of the BIOT, Margaret Obi, concluded that the detention was illegal. "It is not surprising that the claimants feel like they are in a prison; that is exactly what it is, except the name is not there," she stated.

Tom Short, a lawyer from Leigh Day representing some of the Tamils, welcomed the decision made on Tuesday. "The BIOT Court of Appeal’s ruling confirms that the commissioner unlawfully detained our clients for over three years in a fenced and monitored camp, under prison-like conditions, and is a full validation of the previous ruling by Judge Obi following a thorough trial on Diego Garcia," he said. "The court established that the commissioner intended to confine our clients—16 of whom are children—in this manner, without valid justification. His attempt to rewrite history has failed."

Simon Robinson from Duncan Lewis, also involved in defending some claimants, praised the decision. "We welcome the Court of Appeal's judgment, which rejects the commissioner’s appeal on all points. This illegal detention cost the British taxpayer £108,000 per day. The substantial damages now owed will add to these costs, exacerbated by the glaring delays from the Home Secretary and the Foreign Secretary in ending the detention and relocating these individuals," he emphasized.

A spokesperson for the Foreign, Commonwealth and Development Office stated that the BIOT commissioner had appealed the initial decision on various grounds. "Diego Garcia has never been an appropriate place to accommodate migrants, and this was a completely exceptional situation where security concerns were carefully considered," he said, adding: "It is now up to the BIOT administration to carefully review the judgment and consider the next steps. It is clear, however, that this is not the outcome we hoped for."