A/HRC/33/50/Add.1
In relation to migrants, asylum seekers and refugees
89.
The Working Group recommends that the Government:
(a)
End the regime of mandatory and automatic detention for asylum
seekers, refugees and migrants in an irregular situation and replace it with a reception
system;
(b)
End the military presence in the management of the detention centres;
(c)
Ensure that migrants in an irregular situation, refugees and asylum
seekers are informed about their rights, as well as the regulations and procedures,
following their arrival in Malta;
(d)
Further reduce the duration of administrative detention of migrants in
an irregular situation. The Working Group recommends that detention should be
applied when necessary, reasonable in all circumstances, proportionate to a legitimate
purpose, non-discriminatory and subject to judicial review. The criteria of necessity
and responsibility should always be respected. In addition, the Working Group
recommends that less restrictive measures should be applied, such as bail, home
curfew, deposit of documents, reporting conditions, community release or supervisiondesignated residence;
(e)
Extend free legal aid to migrants in an irregular situation, refugees and
asylum seekers before the appeal stage of the review process. Such aid should not be
limited to recourse before the Immigration Appeals Board but rather extended to
appeals before the Civil, Constitutional and European Courts, as well as international
human rights bodies;
(f)
Design long-term planning for people living in open centres. The
Government should explore alternative placement options. The Working Group
suggests that the Government of Malta work together with civil society organizations
and religious bodies that have ample experience in providing community-based
placement to create more opportunities for migrants, asylum seekers and refugees to
reside in the community;
(g)
Prioritize the cooperation of civil society organizations, particularly
religious institutions with considerable expertise and experience in these areas. These
organizations have a substantial contribution to make regarding the legislative drafts
that the Government is preparing in order to design a new system for reception of
immigrants, refugees and asylum seekers that is not based on detention.
In relation to criminal justice
90.
The Working Group recommends that the Government improve facilities and
provide educational, social and integration programmes in correctional facilities and
detention centres, while equal opportunities should be provided to female and male
inmates.
In relation to juvenile justice
91.
The Working Group recommends that the Government:
(a)
Incorporate the Convention on the Rights of the Child into domestic
legislation with regard to the scope of its juvenile justice system;
(b)
Separate persons below the age of 18 from adults in correctional
facilities and detention centres. The Working Group stresses that children should
never be detained together with adults.
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