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
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