‘Purgatory in Paradise’: the On-Going Litigation in Diego Garcia

Diego Garcia is the largest island of the British Indian Ocean Territory (“BIOT”). It is long-disputed territory and home to a geo-politically vital US military base. In recent times, Diego…

Diego Garcia is the largest island of the British Indian Ocean Territory (“BIOT”). It is long-disputed territory and home to a geo-politically vital US military base.

A view of the harbour, Diego Garcia, in the British Indian Ocean Territory. Photo credit: @roc8jas

In recent times, Diego Garcia has been home to 61 asylum seekers, 16 of whom are children.

From Coram Chambers, Alexander Laing, assisted by pupil, Maya Achan, with Ben Jaffey KC and Natasha Simonsen of Blackstone Chambers, instructed by Leigh Day, represent various of those vulnerable adults and children in the Supreme Court of the BIOT.

From the air, Diego Garcia takes on the rough outline of a footprint on the ocean surface giving it the nickname “Footprint of Freedom.”

The island stretches about 38 miles from tip to tip.

Photo credit: Public domain

For the judgment handed down on the extra-territorial application of the Children Act 1989, see: https://www.coramchambers.co.uk/news-events/the-children-act-1989-in-the-british-indian-ocean-territory-new-judgment/.

For further reporting of that judgment, see: https://www.theguardian.com/world/2024/apr/03/court-finds-uk-children-act-protections-apply-to-children-stranded-in-diego-garcia

The Guardian has recently reported on the conditions on the BIOT, in ‘Purgatory in paradise: how a shipwreck off Diego Garcia led to three years of hell and horror’, see: https://www.theguardian.com/world/article/2024/jul/08/purgatory-in-paradise-how-a-shipwreck-off-diego-garcia-led-to-three-years-of-hell-and-horror.

Meanwhile, the difficulties in the litigation continue. A recent hearing due to take place in person was stopped when the US authorities refused to grant access to some parts of the island: https://www.theguardian.com/world/article/2024/jul/09/us-blocks-uk-from-holding-court-hearing-in-british-territory-diego-garcia.