A/HRC/33/50/Add.1 in 2009. The Working Group is nevertheless of the view that the Government of Malta should employ more resources to enable its public servants to be sensitive to the fact that refugees and asylum seekers have experienced traumatic events and are fleeing their places of origin due to fear of persecution. Asylum seekers, immigrants and refugees who arrive in Malta in an irregular manner continue to be systematically and routinely detained. 83. The Working Group takes note of the legislative changes already introduced to reform the automatic nature of detention for migrants in an irregular situation, refugees and asylum seekers. Legislation concerning the application of the directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals has been adopted, the Immigration Act has been amended in order to allow for detentions to be challenged, temporary permits to work for up to three months have been established, and a voluntary return programme has been designed. 84. However, the period of detention still varies from 2 to 12 months pending adjudication of an asylum request. The drastic reduction in arrivals by sea and the improvement in internal administrative procedures have allowed the reduction of the average detention period to two months. Those with rejected applications are still detained for up to 18 months as permitted by law. Automatic detention continues to be the norm and early release the exception, a situation which is not in conformity with international law. Authorities asserted that initial detention was necessary in order to identify the detainee, verify her or his nationality, and establish his or her age and the state of his or her physical and psychological health. These reasons cannot justify detention during long periods of up to 12 months. In cases involving people whose application for asylum has been refused and who are awaiting deportation, their detention can last for up to 18 months. 85. The Working Group is aware of the positive steps taken by the Government to establish a new system of reception for asylum seekers, refugees and migrants in an irregular situation, through the establishment of initial reception centres. After one week in such a centre, immigrants, refugees and asylum seekers will be transferred either to an open centre or to a detention centre, like Safi Barracks, on the basis of an individual detention order, which can be appealed before the Immigration Appeals Board. 86. The Working Group would like to highlight the positive measures taken in relation to children and to migrants with psychosocial and intellectual disabilities. Children will no longer be detained; after their identity, health and age is registered by the corresponding governmental agency, the Agency for the Welfare of Asylum Seekers, they will be transferred to special houses or placed in the care of foster families. 87. The Working Group found migrants in an irregular situation and asylum seekers in the Corradino Correctional Facility, the main prison of the country, where 543 persons are currently detained. The Working Group observed that people in pretrial detention continued to be held together with convicts, in contravention of international norms. VI. Recommendations 88. The Working Group welcomes the cooperation received from the Government of Malta during its follow-up visit and wishes to continue this cooperation. The Working Group would like to make the recommendations listed below. 16

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