A/HRC/33/50/Add.1 60. During its follow-up visit, the Working Group received information concerning the monitoring mechanisms, namely the Board of Visitors of the Prisons and the Board of Visitors for Detained Persons, the qualifications of the board members and their expertise in relation to detention. The Working Group is convinced that the mandate of the two Boards must be protected by law and that they should be given the authority to request changes in detention conditions, when necessary. 61. The Board of Visitors for Detained Persons was established in 2007. It submits reports and makes recommendations to the Minister for Home Affairs and National Security. Staff of the Board visit detention centres every week, monitor detention conditions, receive complaints from detainees and conduct interviews with the centre’s authorities. A psychiatrist regularly accompanies Board members during their visits. Members of the Board also visit detained persons when they are transferred for treatment, for example to Mount Carmel Hospital for mental health treatment. As provided by Legal Notice 266 of 2007, amended by Legal Notice 251 of 2012, “the Board and every member thereof shall have access at any time to every part of the detention centres and to every detainee and may interview any detainee out of the sight and hearing of all officers”. The Working Group holds the view that the mandate of this Board could be extended beyond the closed detention centres to other places, such as the mental hospital, elderly care facilities and even private houses, whenever reliable information exists that individuals are being deprived of their liberty. 62. The Working Group is aware that the jurisdiction of the Ombudsman is limited to the Public Administration and that this mechanism reports to the Parliament. The Working Group learned during its follow-up visit that the Ombudsman had proposed the appointment of a commissioner on detention services to review complaints and investigate detention-related issues. Although this proposal has not been taken up by the Government, the Working Group understands that the current Ombudsman has the mandate under the Ombudsman Act of 1995 to receive and act upon complaints regarding administrative actions taken by or on behalf of Government and other authorities in relation to detention and immigration detention. It has also been noted by the Working Group that the Office of the Ombudsman has in the past investigated complaints lodged by migrants when their fundamental human rights have allegedly been breached. In addition, the Working Group has been informed by the Government that there is a presence of the Ombudsman’s office at the Corradino Correctional Facility to ensure that complaints regarding public administrative matters from persons deprived of their liberty are properly reviewed. In this regard, the Working Group encourages the Ombudsman to play a more proactive role in receiving and reviewing complaints regarding public administrative matters from persons deprived of liberty. 63. The Working Group also takes note of the commitment of Malta to establish a national human rights institution in full compliance with the Paris Principles, and encourages Malta to speed up the establishment process of such an institution. IV. Additional findings 64. In regard to correctional facilities, the Working Group visited the Corradino Correction Facility, the main prison of the country, which operates under the auspices of the Department of Correctional Services. It has the capacity to hold 540 inmates, although in May 2014 640 inmates were residing there. At the time of the visit, there were 543 inmates, including 42 women, of which 345 inmates were citizens of Malta and 198 were foreigners, including some asylum seekers, while 110 prisoners were in pretrial detention and 433 had been convicted. 13

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