Diplomatic Immunity to Documents!

Flag of the British Indian Ocean Territory Fra...

Flag of the British Indian Ocean Territory (Photo credit: Wikipedia)

More than 2,000 islanders were evicted from the British colony of Diego Garcia known as the British Indian Ocean Territory (BIOT) in the 1960s and 70s. Their claim of repatriation or resettlement on the ground of Human rights violation has been rejected by European Union. It appears that in 2009 UK also imposed a marine protected area (MPA) declaration over the island to plan to set up the marine park on 55 islands but it is alleged that real motive was to prevent the islanders from returning there. An US cable, recently released on WikiLeaks supports the fact that MPA declaration was for oblique motives. This cable quotes Colin Roberts, Commissioner to BIOT, as expressing satisfaction that after MPA, notification there would be no ‘human footprint’ of ‘Man Friday’ over the island.
The UK law, as it stands, provide for Judicial Review of any executive decision on the ground of arbitrariness i.e., the real reason for taking the decision was not germane to the object. It is also called the test of Wednesbury’s arbitrariness. It appears that High Court of UK has denied use of these documents as evidence on the basis of diplomatic immunity. Continue reading