A/HRC/33/50/Add.1 In relation to migrants, asylum seekers and refugees 89. The Working Group recommends that the Government: (a) End the regime of mandatory and automatic detention for asylum seekers, refugees and migrants in an irregular situation and replace it with a reception system; (b) End the military presence in the management of the detention centres; (c) Ensure that migrants in an irregular situation, refugees and asylum seekers are informed about their rights, as well as the regulations and procedures, following their arrival in Malta; (d) Further reduce the duration of administrative detention of migrants in an irregular situation. The Working Group recommends that detention should be applied when necessary, reasonable in all circumstances, proportionate to a legitimate purpose, non-discriminatory and subject to judicial review. The criteria of necessity and responsibility should always be respected. In addition, the Working Group recommends that less restrictive measures should be applied, such as bail, home curfew, deposit of documents, reporting conditions, community release or supervisiondesignated residence; (e) Extend free legal aid to migrants in an irregular situation, refugees and asylum seekers before the appeal stage of the review process. Such aid should not be limited to recourse before the Immigration Appeals Board but rather extended to appeals before the Civil, Constitutional and European Courts, as well as international human rights bodies; (f) Design long-term planning for people living in open centres. The Government should explore alternative placement options. The Working Group suggests that the Government of Malta work together with civil society organizations and religious bodies that have ample experience in providing community-based placement to create more opportunities for migrants, asylum seekers and refugees to reside in the community; (g) Prioritize the cooperation of civil society organizations, particularly religious institutions with considerable expertise and experience in these areas. These organizations have a substantial contribution to make regarding the legislative drafts that the Government is preparing in order to design a new system for reception of immigrants, refugees and asylum seekers that is not based on detention. In relation to criminal justice 90. The Working Group recommends that the Government improve facilities and provide educational, social and integration programmes in correctional facilities and detention centres, while equal opportunities should be provided to female and male inmates. In relation to juvenile justice 91. The Working Group recommends that the Government: (a) Incorporate the Convention on the Rights of the Child into domestic legislation with regard to the scope of its juvenile justice system; (b) Separate persons below the age of 18 from adults in correctional facilities and detention centres. The Working Group stresses that children should never be detained together with adults. 17

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