Diego Garcia: US blocks British court from British territory

A virtual court hearing on Tuesday, attended by lawyers in London and the migrants in Diego Garcia, sought to determine the next steps in the case as discussions between the UK and US governments continue.

Speaking after the hearing, migrants told the BBC of their disappointment at this week’s hearing being cancelled.

“It has taken away all our hope,” one woman said. “We have been stuck in this place for almost three years. We were hoping that this hearing would provide us some relief.”

The UK took control of the Chagos Islands, of which Diego Garcia is part, from its then colony, Mauritius, in 1965. It went on to evict its population of more than 1,000 people to make way for the military base.

Agreements signed in 1966 allowed for an initial 50-year period of US use of the territory, plus a further 20 years. The agreement was then “rolled over” in 2016, and is now set to expire in 2036, according to the Biot website.

Biot is administered from London but is described as being "constitutionally distinct” from the UK.

Mauritius, which won independence from the UK in 1968, maintains that the islands are its own and the United Nations' highest court has ruled that the UK's administration of the territory is "unlawful" and must end.

Most personnel and resources on Diego Garcia are under the control of the US, including the majority of the accommodation and transport on the island as well as restaurants and shops.

The US military commander can refuse access to areas operated or controlled by the US military for security reasons.

In a witness statement, Biot’s deputy commissioner, Nishi Dholakia, said it was not possible to “make alternative arrangements to replace the logistical support which the US was due to provide” in time for the scheduled court hearing this week.

The room where the hearing had been scheduled to take place was only usable with US co-operation, he said.

Biot's official website states access to the island is only permitted to “those with connections either to the military facility or to the Territory’s Administration”.