Diego Garcia: Pivotal 4-Day Hearing for Sri Lankan Asylum Seekers

A historic civil hearing regarding the plight of 64 Sri Lankan asylum seekers, who have been stranded on Diego Garcia for over two years, is set to begin on Monday, September 16. This unprecedented session will take place before the Supreme Court of the British Indian Ocean Territory (BIOT) and marks the first civil hearing ever held on the island, which has previously only hosted criminal proceedings.

The court will convene specifically on Diego Garcia, where it will be joined by a delegation of approximately a dozen attorneys from prominent law firms, including Duncan Lewis Solicitors, Matrix Chambers, Leigh Day Solicitors, and Wilsons Chambers.

The judicial contingent will also include the judge and court clerk, along with reporters from the BBC who will cover the proceedings.

The legal delegation is scheduled to fly to the island aboard a charter flight departing from the Maldives on Sunday, September 15.

This event is significant not only for its historical context but also for its humanitarian and diplomatic implications.

The hearing will unfold over four days, with September 16 dedicated to a site visit.

Oral testimonies are to be heard on September 17, followed by legal arguments and conclusions presented on September 18 and 19.

The delegation is expected to depart Diego Garcia for the Maldives on the evening of September 19 and will be hosted on the island by American personnel.

This hearing is critical for the asylum seekers, as it could lead to a resolution of their dire circumstances.

Recently, the BIOT commissioner proposed that these refugees be transferred to England, where they would have a better platform to present their claims.

This suggestion has been communicated by David Lammy, the UK Secretary of State for Foreign, Commonwealth, and Development Affairs, to Yvette Cooper, the Secretary of State for the Home Department.

However, no decisions from the British government have been reached as of yet.

This hearing follows a ruling by the BIOT Court of Appeal on August 21, which upheld the Supreme Court’s order to release 47 of the 64 asylum seekers.

These individuals had filed habeas corpus petitions and judicial review requests seeking their release after enduring over 1,000 days on the island.

A previously scheduled hearing in July was abruptly canceled after the U.S. government threatened to cutoff food and water supplies to the judge and asylum seekers’ legal team during their stay.

In its ruling, the Court of Appeal expressed “serious concerns” regarding the welfare of the migrants, particularly children, living in precarious conditions on Diego Garcia.

Nonetheless, the Court did not impose immediate solutions or binding measures to improve their situation.

This case is drawing increasing international attention due to its complex legal and humanitarian issues.

The conditions on Diego Garcia raise profound questions about the rights of asylum seekers and the obligations of the British and American governments.

Furthermore, it is carrying diplomatic ramifications for Mauritius, claiming sovereignty over the Chagos Archipelago, of which Diego Garcia is a part.

The asylum seekers’ attorneys are remaining hopeful that the upcoming hearing will finally break the stalemate and drawing attention to the human rights violations experienced by their clients.

Source: l’Express