A/HRC/33/50/Add.1
humane conditions would be critical in any assessment of whether such centres are not
indeed a new form of deprivation of liberty.
73.
In relation to long-term planning for migrants, asylum seekers and refugees residing
in Malta, the Working Group recommends that the Government explore alternative
placement options. It was brought to the attention of the Working Group that civil society
organizations and religious bodies in Malta have years of experience in providing
community-based placement for migrants, asylum seekers and refugees. In addition, from
observations on the ground, it appears that community-based placement can better meet the
needs of this group of people and empower them to participate in the case resolution
process. The Working Group thus suggests that the Government of Malta work together
with those civil organizations and religious bodies which have ample experience working in
this area to create more opportunities for migrants, asylum seekers and refugees to reside in
the community.
V. Conclusions
74.
The Working Group is of the opinion that efforts should be made by the
judicial system of Malta to address challenges related to lengthy delays in the
administration of justice, as well as limited access by individuals to due process.
75.
The Working Group notes with satisfaction the recent amendments to the
Criminal Code according to which 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. However, this right should also applied in all cases in which a
person is detained by police forces, in order to ensure that police interrogations are
conducted in conformity with international human rights obligations.
76.
The Working Group notes with concern that judicial authorities are, in
practice, interpreting that, if a detainee makes use of his or her right to have a lawyer,
he or she loses the right to remain silent.
77.
The Working Group commends the authorities of Malta for the recent reforms
related to increasing the age of criminal responsibility, which has been raised from 9
to 14 years. However, the Group is concerned that juveniles aged between 16 and 18
years of age, who are children according the Convention on the Rights of the Child,
continue to be sent to General Courts for adults, instead of the Juvenile Court.
78.
The Working Group acknowledges with satisfaction that in 2013 a new parole
system was established. Nevertheless, the Working Group is aware that the parole
system needs more financial resources in order to be fully operational.
79.
The Working Group welcomes the measures adopted by the Government to
improve the treatment of prisoners and detainees, such as by providing educational
programmes, vocational training, mental health care and social services.
80.
The significant reduction in the number of arrivals since 2013 has contributed
to an improvement in the situation. More people found at sea by the Maltese and
Italian coast guards are being transported to Italian harbours. Most migrants in an
irregular situation are now coming to Malta by air.
81.
The Working Group reiterates that the right to seek and enjoy asylum should
be recognized as a basic human right in accordance with the Universal Declaration of
Human Rights and relevant applicable international law.
82.
The Working Group was able to verify substantial changes in the system of
treatment of these persons compared with the situation prevailing during its first visit
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