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• Archives • Legal encounter •legal encounter of the chagossians
Legal encounter

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Abuse of executive power over Chagos Islanders
(source : http://business.timesonline.co.uk)

Court of Appeal Published May 31, 2007
Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)

Before Sir Anthony Clarke, Master of the Rolls, Lord Justice Waller and Lord Justice Sedley
Judgment May 23, 2007

The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.
The Court of Appeal so held in a reserved judgment, dismissing an appeal by the Secretary of State for Foreign and Commonwealth Affairs against the Queen’s Bench Divisional Court (Lord Justice Hooper and Mr Justice Cresswell) ( The Times May 23, 2006), who granted Louis Olivier Bancoult’s judicial review claim and quashed sections 9 and 15(2) of the British Indian Ocean Territory (Constitution) Order 2004 and declared section 5(1) of the British Indian Ocean Territory (Immigration) Order 2004 inapplicable. (More)

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Human Rights Watch and Minority Rights Group Intervention in Chagos Islanders v UK in the European Court of Human Rights

Application No. 35622/04≠
IN THE EUROPEAN COURT OF HUMAN RIGHTS BETWEEN
THE CHAGOS ISLANDERS, Applicants and THE UNITED KINGDOM, Respondent and HUMAN RIGHTS WATCH / MINORITY RIGHTS GROUP INTERNATIONAL, Interveners (More)

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Timeline
(source : http://www.minorityrights.org)

2007
The Court of Appeal (three judges) upholds the quashing of the orders in council, partly on the grounds that the islanders were given a “legitimate expectation” by Robin Cook in 2000 that they could return. However, the government still appeals, this time to the House of Lords.

2006
May 11th: High Court judgement quashes the orders in council, on the grounds that they are irrational. The government appeals.

2005
The islanders submit a case to the European Court of Human Rights with regard to their deportation (no decision on this yet). The islanders’ challenge to the UK “order in council” of 2005 is heard in court.

2004
Allegations are made that Diego Garcia is being used as a secret detention centre by the US authorities.
The British Government announces through an “order in council” (colonial power allowing it to bypass parliament) that the islanders no longer have a right to live in their homeland. At the same time it states that the result of its study state that the islands are unfit for human habitation however the US maintains its base.

2003
A different judge denies the islanders any compensation for their unlawful removal.

2000
In a historic judgement, the UK High Court rules that the removal of the islanders was unlawful. The court states that the present UK government has not attempted to defend the actions in the past.
Following the verdict, Robin Cook, then Foreign Secretary announces that the government will not appeal and the islanders will be allowed to return to at least some of the islands.
In fact the islanders are not permitted to even visit the islands. The UK government claims they cannot return to Diego Garcia due to a “treaty” with the United States, and that return to other islands must be dependant on a study.

1997
Foreign Office files released from the 1960s show that officials systematically covered up the fact that there was a permanent population on the islands and attempted to present the islanders as a transient population. One memo refers to the islanders as “some Tarzans or Men Fridays”.

1991
Diego Garcia is used as a base for US planes to bomb Iraq. It is subsequently used for this purpose throughout the 1990s, similarly with Afghanistan in 2001 and during the invasion of Iraq in 2003.

1982
Islanders offered less than £3,000 each in compensation.
Argentina invades the Falklands (similar size population to the Chagos). Subsequently millions of pounds are spent defending the Falkland islands and supporting those islanders.

1975
US Congress investigates removal of islanders and knowledge of their removal is made public.

1973
The US constructs a military/naval base on Diego Garcia island.

1963-74
British government systematically removes the entire population of the Chagos islands. Most are removed to Mauritius with no resettlement plan.

1966
Britain signs defence deal with USA, leasing BIOT to them for defence purposes for 50 years.
Islanders are not consulted. The US is not charged any rent.

1965
UK arbitrarily separates Chagos islands from Mauritius and creates “British Indian Ocean Territory” (BIOT).

1815
UK seizes islands from France.

1776
Settlement of islands begins.

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