A/HRC/33/50/Add.1 to benefit from it. The Government has also taken several measures to improve the treatment of prisoners and detainees, such as providing them with educational programmes, along with mental health and social services. The Working Group reiterates that the rights to asylum and refugee status are recognized as basic human rights. During the visit, it observed that asylum seekers, immigrants and refugees who arrive in an irregular manner continue to be detained. The drastic reduction in arrivals by sea and the improvement in internal administrative procedures have allowed a reduction of the average period of detention to two months. However, those whose applications are rejected may be detained for up to 18 months as permitted by law. The Working Group emphasizes that, instead of automatic and mandatory detention of irregular immigrants, less restrictive measures should be applied, such as deposit of documents, reporting conditions, community release or supervision, and designated residence. According to the Working Group, detention should be applied only when all other alternatives have proved it necessary, and be reasonable in all circumstances, proportionate to a legitimate purpose, non-discriminatory and subjected to judicial review. In the report, the Working Group mentions that legislative changes have been 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 to open up the possibility of challenging such detentions, temporary permits to work for up to three months have been established, and a voluntary return programme has been designed. The Reception of Asylum Seekers Regulation was also amended. Among the positive new initiatives, the Working Group also highlights the attention given to children and to immigrants with psychosocial and intellectual disabilities. Children will no longer be detained. After an assessment of their identity, health and age by the corresponding governmental agency, namely the Agency for the Welfare of Asylum Seekers, they will be transferred to special houses or placed under the care of carefully vetted families. For that purpose, a new initial reception centre for children has already been set up. The Working Group points out that the conditions of detention of migrants in the Safi detention centre situated in Safi Barracks have improved. The drastic reduction in the number of detainees has obviously contributed to that improvement. However, the Working Group noted a lack of educational and social programmes and deficiencies in the legal aid provided to detainees. In addition, the Working Group was concerned about the fact that a detention facility for migrants was located in military barracks. The Working Group was informed that there is an initial review of a detention after a period of seven working days in detention. The Immigration Appeals Board shall grant release when detention is no longer requested. An applicant should be provided with free legal assistance and representation during the review of the lawfulness of his or her detention. Free legal assistance before the Board would be extended, but such an extension would not cover proceedings before the Civil, Constitutional or European Courts. According to the Working Group, holding people in open centres without long-term planning for their integration cannot be considered as a suitable solution for them or for Maltese society. Authorities should facilitate the integration of these persons into society, mainly through labour and education programmes but also through alternative housing provided by other stakeholders. The Working Group notes that programmes for the 2

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