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,
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