Veteran human rights and environmental campaigners, Peter Bouquet, 59, and Jon Castle, 56, part of the People?s Navy, were arrested in the waters around Diego Garcia, the largest and southernmost island in the British Indian Ocean Territory (BIOT) on Saturday, March 8. They were protesting about the forced exile of some 2,000 people from the Chagos Archipelago between 1968 and 1971 to make way for the US military base. However, because they refused to pay a fine of £3,000 imposed by the presiding magistrate, their boat, Musichana, was confiscated by the British authorities and they were deported to Singapore on March 15. In the following letter to BIOT Commissioner Leigh Turner, based at the Foreign & Commonwealth Office in London, Peter Bouquet asks for the return of the vessel so that it can be used by the Chagossian exiles to return to Peros Banhos.

<B>Sean CAREY</B>

Dear Mr. Turner,

You will be aware that Jon Castle and I recently sailed to the Chagos Islands to bear witness as a matter of conscience to certain gross violations of international law. These include the forced removal by the British Government of the Chagossians from their and their ancestors? homeland; the Government?s complicity in the torture, inhuman and degrading treatment of persons subject to «extraordinary rendition» by agencies of the Government of the United States; and the British Government?s failure to adhere to the rulings of its own courts by refusing to permit the Chagossians to return home.

You will also be aware that we were both arrested and held prisoner on Diego Garcia, where Jon Castle, as master of the Musichana, was charged with violation of BIOT law and ultimately sentenced by the Commissioner?s Representative to 6 months? imprisonment, suspended for one year and, having refused to pay the maximum fine of £3,000 and £200 costs, was ordered to forfeit the Musichana. Although Mr Castle originally gave notice of his wish to appeal against both conviction and sentence, he withdrew that notice when your agents impressed on him the extreme hardships and potentially ruinous costs we stood to incur if we proceeded with his appeal.

Since our return to Britain, we have been considering further legal action. However, you will be familiar with the recently published report of Dr. John Howell, former director of the Overseas Development Institute on the practicability of resettling 150 Chagossian families on the island of Peros Banhos. In light of this report, I believe that a more constructive and mutually advantageous course is available, as set out below.

The BIOT (Constitution Order) 2004 grants the Commissioner power to vary orders made by the Commissioner?s Representative. Section 12 envisages granting pardons, respite, reduction or remission in relation to any conviction or sentence. In exercising your powers, we trust that you will consider the following factors, namely that:

Our presence in the territorial waters of Diego Garcia was a matter of conscience and principle, sanctioned by international law; our protest was in the Gandhian and Quaker spirit of bearing witness to oppression in a non-violent fashion; our minor infractions were reasonable and proportionate by comparison with the gross violations of international law against which we protested; and the punishment (forfeiture of the yacht Musichana and all equipment and goods on board, worth approximately £30,000 to Her Majesty the Queen) imposed for our principled refusal to pay a fine of £3,000 and costs of £200 was disproportionate.

We trust that you will agree that it would be just and equitable to grant a free pardon and to remit the penalty by ordering that, instead of forfeiting the Musichana and all equipment and goods on board to Her Majesty, these should be given to the Chagossian people to assist them in their repatriation to the island of Peros Banhos.

In order to resolve this matter in a timely fashion we would request a reply within 28 days. In view of the wide public interest in this matter, we propose to make a copy of this letter available to those who have expressed concern about the plight of the Chagossians.

Yours sincerely,

<B>Peter Bouquet</B><I> (Registered Owner of Musichana)

(Also signed on behalf of Jon Castle ? Master of Musichana ? currently working away at sea)</I>