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 __________________ * The present document was submitted late so as to include the most up-to-date information possible. GE.16-17374(E) 