[TamilNet, Thursday, 31 May 2012, 23:29 GMT]
British High Court of Justice, Administrative Court Judge, Mr Justice
Eady, noting "[t]he recent Human Rights Watch report, dated 29.05.2012
suggests that there may be new evidence relevant to the risk of ill
treatment," overturned the removal order on about 40 failed Tamil asylum
seekers, in a dramatic last-minute order hailed by rights groups and
attorneys representing to-be-deportees as a landmark decision in UK.
"Judicial attitudes have changed," and "previously hard-line judges are
granting stays, mostly on grounds of risk upon return," said Barristor
Paramjothy from a London-based legal institution.
Barristors Nishan Paramjorthy and Shivani Jegarajah say they represent a
judicial shot across the bows of the British government, Channel-4 news
reported.
The High Court judge orders "that the secretary of
state be restrained from removing the applicant from this jurisdiction,"
Channel-4 said, adding, today's flight was the fifth British government
charter flight to Sri Lanka since June last year.
The flights are routinely kept secret, and the UK Border Agency has a policy of not commenting on them.
Human Rights Watch has documented 13 credible cases over the past two
years in which failed Tamil asylum-seekers from Europe have been
tortured after landing in Sri Lanka, and warned that those cases are
likely to be "just the tip of the iceberg.
Noting that the judgement was a dramatic development, Channel-4 said:
On learning what had happened, David Mepham, the UK director of
Human Rights Watch said: "This is a very dramatic development. It is
incredibly welcome that a High Court judge has recognised the serious
risk facing failed Tamil asylum-seekers.
"This should be a wakeup
call for the British government. Its existing policy towards Sri Lanka
is fundamentally flawed and needs to be seriously re-thought."
There
has been a steady stream of damning reports from international human
rights groups as well the United Nations, the US State Department and,
most recently, the British government itself. The Foreign and
Commonwealth Office report, published last month, says human rights in
Sri Lanka was of "serious concern".
It cited attacks on
journalists and human rights defenders, disappearances and abductions
and quoted recent submissions to the UN Convention Against Torture
alleging the widespread use of torture in Sri Lanka. Channel 4 News has
documented recent cases of torture, corroborated by medical and legal
reports.
Tamils
Against Genocide (TAG) a US-UK based activist group released a research
report Tuesday documenting details of evidence of the "risk of
persecution upon return simply by virtue of the fact that they sought
asylum abroad and also because of imputed political opinion regarding
involvement with or sympathy for the LTTE."
"Increased legal
actions challenging deportation cases and the relentless campaign by
rights group have resulted in this commendable judgement on behalf of
Tamil asylum seekers. The judgement is an indirect indictment on Sri
Lanka's rights violations, a judgement which Colombo will find difficult
to recover from," Jan Jananayagam, TAG's spokesperson said.
Chronology:
Related Articles:29.05.12
HRW urges UK to suspend deportation of Tamils 16.03.12
HR organisations urged to attend plight of ex-militants need.. 26.02.12
HRW's Sri Lanka torture report will help UK asylum seekers, .. 25.02.12
Halt deportations of Tamils, Sri Lanka tortures Tamil deport.. 23.12.11
‘Failure to confront UK deportations is failing humanity’ 14.12.11
TAG files legal challenge to UK deportation policy 26.09.11
UK plans bulk deportation of Eezham Tamil asylum seekers 16.06.11
Amnesty International appeals for halt to deportations to Sr.. 15.06.11
HRW urges halt to UK deportations to Sri Lanka
External Links:
HRW website article