A/HRC/33/50/Add.1 34. The Working Group acknowledges that some significant improvements have been made concerning migrants, refugees and asylum seekers. The Working Group welcomes the establishment of an initial reception system. It is anticipated that this will change the practice of automatically detaining migrants in an irregular situation, refugees and asylum seekers from the outset. A new initial reception centre for minors has already been established and should prevent the detention of children. This centre will host unaccompanied migrant children, as well as accompanied migrant children with up to two family members, upon arrival, and allow for registration, medical clearance and age assessment before their eventual transfer to an open centre. 35. According to information received from the authorities, plans are still under way to convert Lyster Barracks detention centre into a temporary initial reception centre for adults. The Working Group also received information that the construction of a new facility to be used as an initial reception centre would soon be initiated. However, the Working Group emphasizes that military facilities should not be used for the detention of irregular migrants, especially children. After the visit, the Working Group was pleased to learn, through official channels, that the plan to convert Lyster Barracks had been discarded and that the initial reception centre for adults had been sited at Marsa instead. 36. The Working Group visited the Safi detention centre, situated in Safi Barracks, an army base. The centre, distributed in four blocks, contains 134 beds; during the visit, however, there were only six detainees. Some of them had arrived from Algeria or the Syrian Arab Republic by plane and had spent 24 hours detained at Malta International Airport in Valletta before being brought to the centre. One detainee had a valid visa but insufficient financial resources for his stay in Malta. The tourist visa of another detainee had expired. A Nigerian who reported having permanent resident status in Spain had spent four months in the centre. All detainees had gone through identity checks and medical examinations. During the follow-up visit, the Working Group learned that legal aid was expected to be provided on Tuesdays, but that no detainees were seeking legal aid at the time of the visit, which happened to be on a Tuesday. Detainees had access to a telephone and were able to meet with relatives for five minutes a day. With regard to the legal aid service, the Working Group notes that, according to the Government of Malta, legal aid is provided upon request and there are no fixed days for it. 37. The Working Group also visited the Hal Far open centre for immigrants, outside Valletta, run by the Agency for the Welfare of Asylum Seekers, which falls under the remit of the Ministry for Home Affairs and National Security. The Centre has a capacity of 800 persons. During the visit of the Working Group, 260 persons were present. In the open centres, migrants enjoy freedom of movement but are requested to undergo movement registration three times a week. If an adult migrant residing in the open centre plans to be absent for several days, the Agency requests to be informed of the absence in advance. 38. The Working Group received information that 889 persons were living in three open centres, including the Hal Far open centre, which consisted of prefabricated container housing units that had replaced scores of tents. Most of them were asylum seekers awaiting decisions on their applications. Some migrants whose applications for asylum had already been rejected were also hosted there. Residents reported that they suffered uncomfortable living conditions, including inadequate ventilation and high temperatures in the summer months, in addition to overcrowded conditions in some units. Residents had been referred to the Centre by immigration authorities. 39. The Working Group was informed that, although the open centres were locked and guarded by security officers, residents were allowed to enter and exit the premises freely. Residents were allowed to stay for a maximum period of one year. Their beds would be reassigned after three weeks of absence to other migrants in need. It was brought to the attention of the Working Group that some residents had arrived at the centre in April 2014, 9

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