Sri Lankan Tamil asylum-seekers stranded on Diego Garcia sue 3 UK ministers; here's why
A group of Sri Lankan Tamil asylum seekers is suing British cabinet ministers over allegations of false imprisonment and dangerous conditions on Diego Garcia, an island in the Indian Ocean. There are also allegations of physical and sexual assault
FollowA group of Sri Lankan Tamil asylum seekers is taking legal action against three British cabinet ministers, alleging false imprisonment under hazardous conditions on a small island in the Indian Ocean, media outlet Sky News has reported. After their fishing boat bound for Canada, was rescued by the navy in October 2021, some migrants have been stranded for over a year and a half on Diego Garcia, a British overseas territory.
Camp residents have reported unbearable conditions and instances of sexual and physical assault, with some individuals resorting to self-harm or suicide attempts. To date, a total of 89 asylum seekers have arrived on Diego Garcia, with some opting for financial settlements to return to Sri Lanka or continuing their journeys to Reunion, a French island.
While the majority of asylum claims have been rejected, the applicants maintain that returning to Sri Lanka, where the civil war with the Tamil Tigers ended 14 years ago, would endanger their safety. Only two individuals have been promised asylum in a "third country", the report said.
Representing 20 Tamil asylum seekers, the law firm Leigh Day has filed a lawsuit against the secretaries of state for Defence, Foreign, Commonwealth and Development Office, and Home Office, along with Paul Candler, the commissioner for the British Indian Ocean Territory (BIOT).
Lawyers argue that the government has neglected its duty of care by failing to provide adequate living conditions, protection from harm by third parties, and a safe standard of living for asylum seekers.
Another case accuses the government of allowing migrants to embark on perilous journeys to the French Island of Reunion in unseaworthy boats without proper tracking systems and life jackets.
The government denies claims of detaining asylum seekers against their will, stating that no individuals are being held in detention on BIOT. They note that approximately 130 people have voluntarily returned home by flight, while others have departed independently.
Initially, when asylum seekers arrived, 89 individuals shared a single toilet and shower block. As more people arrived, the camp expanded, but residents claim there is a lack of privacy and adequate safeguarding for their children.
Lawyers also highlight cases of rape and sexual assault among asylum seekers.
A British government spokesperson told Sky News that the welfare and safety of migrants on the British Indian Ocean Territory remain paramount. They state that all migrants receive continuous medical support and access to telecoms and that all allegations of mistreatment are taken seriously and thoroughly investigated.
