A/HRC/33/50/Add.1
United Nations
General Assembly
Distr.: General
7 October 2016
Original: English
Human Rights Council
Thirty-third session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Working Group on Arbitrary Detention
on its follow-up visit to Malta*
Note by the Secretariat
The Working Group on Arbitrary Detention conducted a follow-up visit to Malta
from 23 to 25 June 2015 at the invitation of the Government. Throughout the visit, the
Working Group enjoyed the fullest cooperation of the Government. It had the honour to be
received by the President of the Republic and by some of the highest authorities of the
State. The Working Group was able to hold confidential interviews with prisoners and
detainees at the Corradino Correctional Facility, the main prison of the country; the Young
Offenders Unit Rehabilitation Services; the Safi detention centre in Safi Barracks; the Hal
Far open centre; the Forensic Unit at Mount Carmel Hospital; and the newly established
initial reception centre for children.
In the present report, the Working Group notes that the judicial system of Malta
continues to be affected by lengthy delays in the administration of justice, as well as
diminished access by individuals to due process. The Working Group notes with
satisfaction that, according to recent amendments to the Criminal Code, persons deprived of
their liberty now have the right to access to a lawyer immediately after their arrest and
during the first 48 hours of their detention, although this right does not apply to police
interrogation. Another positive development relates to the age of criminal responsibility,
which has been raised from 9 to 14. However, juveniles between 16 and 18 years of age,
who are children according the Convention on the Rights of the Child (to which Malta is a
State party), continue to be sent to General Courts for adults, instead of the Juvenile Court.
The Working Group takes note of the fact that, in 2012, a restorative justice act
entered into force. It established a new parole system, which has already allowed
38 persons to be released. However, this system still requires the financial resources
necessary to become fully operational, as well as improvements so that foreigners are able
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* The present document was submitted late so as to include the most up-to-date information possible.
GE.16-17374(E)
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