Three British cabinet ministers are being sued by a group of Sri Lankan Tamil asylum seekers, who claim they are being falsely imprisoned in dangerous conditions on a small island in the Indian Ocean.
Some of the migrants have spent more than a year-and-a-half on Diego Garcia, a British overseas territory, after the navy rescued their ailing fishing boat as it attempted a crossing to Canada in October 2021.
Residents at the camp said the conditions were unbearable and reported cases of sexual and physical assault.
Several people have committed acts of self-harm or attempted suicide.
In total, 89 asylum seekers have since arrived in Diego Garcia.
Some have accepted payments to return to Sri Lanka, while others have made onward journeys to Reunion, a French Island.
The vast majority who have made asylum claims have been rejected but insist that it is unsafe for them to return to Sri Lanka, where the Tamil Tigers were defeated in a civil war 14 years ago. Only two have been told that they will be granted asylum in a “third country”.
Leigh Day, the law firm representing 20 Tamil asylum seekers, has brought a claim against the secretaries of state for Defence, the Foreign, Commonwealth and Development Office and the Home Office, as well as Paul Candler, the commissioner for the British Indian Ocean Territory (BIOT).
‘False imprisonment’ and ‘physical and psychological harm’
It claims the conditions amount to false imprisonment and accuses the government of negligently inflicting physical and psychological harm.
Lawyers said the government had failed in its duty of care to the asylum seekers by failing to provide an adequate and safe standard of living and protecting them from harm from third parties.
In a separate case, they accused the government of allowing migrants to make unsafe journeys to the French Island of Reunion in unseaworthy boats without adequate tracking systems and life jackets on board.
The government rejected claims that asylum seekers were being held in these conditions against their will. “No individuals are being detained on BIOT. Around 130 individuals have voluntarily returned to their home country by flight, others have left independently.
“We are working tirelessly with the BIOT administration to find a long-term solution to their current situation.”
Raising children in tents
Sky News spoke to one woman who has been living in the camp for over a year. She did not want to reveal her identity but pleaded for authorities to consider her asylum claim urgently.
“[We want] to be given a chance to reach a safe country. That’s all we need. That’s all we are asking.
“We can’t continue to live in such conditions. We would be forced into doing something drastic like taking our own lives or harming ourselves. All this depression, all this pressure, all this hopelessness.”
The mother-of-two has been raising her young children in tents, where they sleep on a camp bed resembling a hospital stretcher. Several families live in a single tent.
When asylum seekers first arrived on the island, 89 people were sharing one toilet and shower block. The camp has since expanded as more people have arrived, but residents said that there was no privacy or proper safeguarding for their children.
Reports of assault
Residents have reported cases of sexual and physical assault by fellow residents of the camp.
One woman told Sky News that she was stripped and beaten, and her husband had his jaw broken in an assault after tensions in the camp flared. She said she raised concerns with security officials before the attack, but nothing was ever done.
“They [officials] didn’t pay any attention to it. Then everything blurs.
“We were attacked. My husband’s jaw was broken when he was beaten with a metal rod. Someone who is not related to this incident was beaten on the head. He had to have stitches on his head.
“[I] was attacked. They didn’t care that I’m a woman. My dress was torn off my body by a group of angry men and women. I was ashamed. They stepped on my chest and kicked me.”
Lawyers said there had been cases of rape and sexual assault.
“Most seriously, a number of the claimants have been sexually assaulted, and one raped, while on site. The defendants breached their duty to keep the claimants safe from reasonably foreseeable harm, including harms inflicted by third parties,” lawyers said.
Hunger strikes and suicide attempts
As well as assaults, they said many people were resorting to self-harm. In one case an individual set fire to his tent in a rage against the conditions.
Five individuals are currently in Rwanda, where they are receiving medical attention following suicide attempts.
A government spokesperson said: “The welfare and safety of migrants on the British Indian Ocean Territory is paramount. All migrants receive dedicated round-the-clock medical support and access to telecoms, and all allegations of mistreatment are taken seriously and fully investigated.”
Residents have launched several hunger strikes in protest against the conditions.
It is alleged that the BIOT commissioner separated parents from their children following a recent strike announcement in March, and withdrew medical treatment from those striking. A government source staunchly rejected this claim, saying that it was untrue.
In April last year, security at the camp was contracted out to G4S.
Residents accused officers of treating “requests for basic provisions [such as clothing or hygiene-related items] with derision.”
“We have been made aware of a number of instances of shouting, bullying and intimidation by G4S officers against the detainees [including children],” lawyers said.
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They added that perceived violations of “rules” imposed by G4S are met with collective punishment.
“An assembly is called by G4S, with non-attendance itself a punishable offence. Punishments imposed by G4S have included refusing to supply coffee, soap, cigarettes, or spices to the entire group for two weeks at a time.”
A G4S spokesperson said: “We strongly reject the allegations made against our staff. Our safety officers are present on Diego Garcia to ensure people are safe. G4S treats the migrants on the island with dignity and respect at all times.”
A source said that G4S was not responsible for the provision of food and toiletries under the contract.
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK
