uk returns 36 asylum seekers to sri-lanka

The plane touched down despite frantic legal efforts to force it to turn back to the United Kingdom.

A judge from the Queen's Bench division of the high court deliberated for more than six hours on an application for a mandatory order to force the aircraft to turn around. The judge reportedly described it as "a momentous decision" but in the end refused the application. The judge said the matter should be referred to the court of appeal.

Earlier, another high court judge, Mr Justice Eady, had granted a stay of removal on the basis that he deemed the safety of the individual in question could not be guaranteed. Two leading human rights groups, Human Rights Watch and Freedom from Torture, have called on the British government to call an immediate halt to further removals to Sri Lanka and undertake a serious policy review.

Mr Justice Eady cited as his reason for over-ruling the removal order a Human Rights Watch Report documenting the torture of recent returnees. Lawyers believe this judgement may have wider application – hence legal efforts to have the plane turned back. 

 About 40 failed asylum-seekers - most of whom are thought to be Tamils - were granted dramatic last-minute stays.

Immigration lawyers ascribe the judges' apparent change of heart to serious concerns over Sri Lanka's dismal human rights record and the risk that those forcibly returned face arbitrary arrest and torture. The judgements affected around half of the estimated 70 to 80 Tamils due to have been sent back to Sri Lanka on flight PVT030 from Stansted.

Two senior barristers with the London-based Renaissance Chambers, which specialises in human rights and immigration law, say the judgements are very unusual. Nishan Paramjorthy and Shivani Jegarajah say they represent a judicial shot across the bows of the British government.

"Judicial attitudes have changed," said Mr Paramjorthy. "Previously hard-line judges are granting stays, mostly on grounds of risk upon return."
Channel 4 News has obtained a copy of one judgement, by the Honourable Mr Justice Eady, which cites as the reason for his granting a stay of removal: "The recent Human Rights Watch report, dated 29.05.2012 suggests that there may be new evidence relevant to the risk of ill treatment."

We are unable to publish the document because the proceedings are ongoing and live.

The High Court judge orders "that the secretary of state be restrained from removing the applicant from this jurisdiction." Today's flight was the fifth British government charter flight to Sri Lanka since June last year. The flights are shrouded in secrecy and the UK Border Agency has a policy of not commenting on them.

 

Last month, the Foreign and Commonwealth Office published a report on human rights in Sri Lanka which detailed attacks and intimidation of journalists and human rights workers there, disappearances, abductions and allegations of widespread torture. It also cited a report from a panel of experts commissioned by the United Nations Secretary General which found credible allegations of war crimes in Sri Lanka.

Keith Best, CEO of Freedom from Torture, told Channel 4 News: "The government insists that anyone who is removed is individually assessed to make sure that they are not at risk of ill treatment, but there are now mounting cases of torture following forcible return to Sri Lanka. Clearly, the UK Border Agency failed to prevent these individuals being returned to serious harm.

"They should announce an immediate halt to removals to Sri Lanka and undertake a serious review of their policy," he said.

David Mepham, UK director of Human Rights Watch said: "We, together with other groups, will be seeking an early meeting with government officials on this issue to press for a major review of UK policy towards Sri Lanka."

The timing of this controversy and the spotlight it places on Sri Lanka's dismal human rights record will be embarrassing for the Sri Lankan President, Mahinda Rajapakse, who arrives in London on Sunday to attend the Queen's Diamond Jubilee celebrations.

Karim Assaad, a London-based human rights lawyer who has had many Sri Lankan Tamil clients, described the decision to invite President Rajapakse as "distasteful".

"The last time President Rajapakse visited the UK, there were attempts by Tamil community lawyers to initiate proceedings against him as a war criminal," Mr Assaad said.