Under the 1966 Exchange of Notes between the US and UK, of non-US and non-UK nationals who are not serving members of the US military cannot be detained without notification to the Government.
There is no US facility for foreign detainees on Diego Garcia. The only civilian detention centre is at the small UK-run police station.
The US authorities have repeatedly given us assurances that no detainees, prisoners of war or any other persons in this category are being held on Diego Garcia, or have at any time passed in transit through Diego Garcia or its territorial waters or airspace. This was most recently confirmed during the 2007 US/UK Political Military Talks held in Washington on 11 and 13 September.
The Government co-operated fully with the Council of Europe’s inquiry last year, together with an inquiry on similar issues by the European Parliament. At that time the Government explained that we had carried out extensive searches of official records and found no evidence of detainees being rendered through the UK, or Overseas Territories, since 1997, where there were substantial grounds to believe there was a real risk of torture.