A/HRC/33/50/Add.1
65.
Some improvements have taken place in the prison over the past three years. Some
qualified prisoners have been granted the authorization to work outside the prison. The
solitary confinement cells are now very rarely used and, even when they are used, the
Working Group was informed that it is only for a few hours.
66.
The Working Group found a 15-year-old boy at the Young Offenders Unit of the
prison. He had spent two months there, awaiting trial before the Juvenile Court. Children
were following educational and integration programmes, provided with the assistance of
non-governmental organizations. However, the Working Group stresses that children and
young offenders should be separated, as recommended by the Committee on the Rights of
the Child in line with article 37 (c) of the Convention on the Rights of the Child and article
10 (2) (b) of the International Covenant on Civil and Political Rights.
67.
The Working Group notes with concern the limitations on access to education and
training opportunities, especially for female inmates. The Working Group is also concerned
that pretrial detainees are detained together with convicted persons, in violation of article
10 (2) (a) of the International Covenant on Civil and Political Rights, to which Malta is a
party. The Working Group welcomes plans for a separate unit for female juveniles.
68.
In January 2012, the Restorative Justice Act entered into force. The Act includes a
provision for granting parole to prisoners, and establishes an offenders assessment board, a
victim support unit, a remission board and a victim-offender mediation committee. The
parole board is headed by a retired judge. The Department of Probation and Parole is
currently supervising 23 persons. Thirty-eight persons have already been released on
parole. However, the parole system needs more financial resources to be fully developed.
The current requirements appear to lead to de facto discrimination because only citizens of
Malta can in practice benefit from parole, while foreigners serving sentences lack the
consolidated family environment to take advantage of such an opportunity for
rehabilitation. In this regard, the Government of Malta has explained to the Working Group
that the aim of parole is to facilitate the reintegration of offenders into the community
following their successful adherence to the individualized care plan developed while
serving their sentence in prison. For this purpose, those inmates who apply and have a
stable family and employment structure upon release have an advantage over others,
especially foreigners. Furthermore, as the Restorative Justice Act points out, all European
Union nationals are eligible to apply for parole. The Government of Malta informed the
Working Group that a number of European Union nationals, as well as inmates who have
humanitarian protection in Malta, have been granted a parole licence.
69.
It is also essential that the pretrial detention period be shortened as much as possible.
70.
During its visit, the Working Group was pleased to learn from the Government that
the military would no longer be involved in managing the detention centres for immigrants.
Its role would be restricted to search-and-rescue activities. However, the Working Group
emphasizes that an open reception facility for immigrants should not be established or built
on military premises.
71.
The Working Group is concerned about the absence of a procedure to identify
stateless persons and persons at risk of statelessness.
72.
It is of serious concern to the Working Group that, besides the limited resettlement,
assisted voluntary return and integration programmes that exist, there is a lack of long-term
planning for persons residing at the open centres. Given the limited resources and job
opportunities in Malta, many of them are experiencing difficulties integrating into Maltese
society. This precarious condition can only be a challenge for all, both for the migrants
themselves and for Maltese society in general, in the years to come, negatively affecting the
integration process but also exposing migrants to the misleading attraction that criminal
enterprises sometimes present. Whether those in the open centres enjoy effective liberty and
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