A/HRC/33/50/Add.1
in 2009. The Working Group is nevertheless of the view that the Government of Malta
should employ more resources to enable its public servants to be sensitive to the fact
that refugees and asylum seekers have experienced traumatic events and are fleeing
their places of origin due to fear of persecution. Asylum seekers, immigrants and
refugees who arrive in Malta in an irregular manner continue to be systematically and
routinely detained.
83.
The Working Group takes note of the legislative changes already introduced to
reform the automatic nature of detention for migrants in an irregular situation,
refugees and asylum seekers. Legislation concerning the application of the directive of
the European Parliament and of the Council on common standards and procedures in
Member States for returning illegally staying third-country nationals has been
adopted, the Immigration Act has been amended in order to allow for detentions to be
challenged, temporary permits to work for up to three months have been established,
and a voluntary return programme has been designed.
84.
However, the period of detention still varies from 2 to 12 months pending
adjudication of an asylum request. The drastic reduction in arrivals by sea and the
improvement in internal administrative procedures have allowed the reduction of the
average detention period to two months. Those with rejected applications are still
detained for up to 18 months as permitted by law. Automatic detention continues to
be the norm and early release the exception, a situation which is not in conformity
with international law. Authorities asserted that initial detention was necessary in
order to identify the detainee, verify her or his nationality, and establish his or her age
and the state of his or her physical and psychological health. These reasons cannot
justify detention during long periods of up to 12 months. In cases involving people
whose application for asylum has been refused and who are awaiting deportation,
their detention can last for up to 18 months.
85.
The Working Group is aware of the positive steps taken by the Government to
establish a new system of reception for asylum seekers, refugees and migrants in an
irregular situation, through the establishment of initial reception centres. After one
week in such a centre, immigrants, refugees and asylum seekers will be transferred
either to an open centre or to a detention centre, like Safi Barracks, on the basis of an
individual detention order, which can be appealed before the Immigration Appeals
Board.
86.
The Working Group would like to highlight the positive measures taken in
relation to children and to migrants with psychosocial and intellectual disabilities.
Children will no longer be detained; after their identity, health and age is registered
by the corresponding governmental agency, the Agency for the Welfare of Asylum
Seekers, they will be transferred to special houses or placed in the care of foster
families.
87.
The Working Group found migrants in an irregular situation and asylum
seekers in the Corradino Correctional Facility, the main prison of the country, where
543 persons are currently detained. The Working Group observed that people in
pretrial detention continued to be held together with convicts, in contravention of
international norms.
VI. Recommendations
88.
The Working Group welcomes the cooperation received from the Government
of Malta during its follow-up visit and wishes to continue this cooperation. The
Working Group would like to make the recommendations listed below.
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