Malta / Migrants: UN expert group hails positive move on
automatic detention, but calls for long-term solutions
VALLETTA / GENEVA (26 June 2015) – The United Nations
Working Group on Arbitrary Detention welcomed Malta’s decision to remove
automatic mandatory detention of irregular migrants and asylum seekers, which
has drastically reduced the number of migrants in detention. However, the
experts expressed concerns about the conditions in open centres.
“The lack of long term solutions to migrants residing in
Malta seems to have a negative impact on the effectiveness of their right to
liberty,” said human rights expert Sètondji Roland Adjovi at the end of the
Group’s follow-up visit* to the country. “We remain concerned about the
precarious and inhuman conditions of the alternatives to detention in
Malta.”
“Effective liberty and humane conditions for those
residing in open centres would be critical in any assessment of whether they
are not indeed a new form of deprivation of liberty,” Mr. Adjovi said.
The expert group’s delegation, which also included expert
Mads Andenas, noted that many migrants and asylum seekers are experiencing
difficulties to integrate into the Maltese society. “The precarious condition
generated by limited resources and job opportunities in the country can only be
a challenge for all in the years to come, negatively affecting the integration
process,” Mr. Andenas stated.
“We have noted that persons being held at the immigration
detention centres are not clearly aware of their status, while their access to
legal aid seems to be very limited,” he said, stressing that effective and
speedy remedies seem to be lacking, including under the immigration appeals
board, the constitutional court and the access to European regional justice
mechanisms.
The Working Group noted, however, further changes which
the authorities are currently working on, especially in relation to minors and
removal orders. They also highlighted the planned change in the length of
detention, which would establish a maximum of 18 months for irregular migrants
and 9 months for asylum seekers.
A review processes have also been introduced in the
detention of migrants, including those who are going to be returned to their
countries of origin. Based on the changes in the legislation, the first review
is conducted by the principal immigration officer within the first three months
of the detention, while the Immigration Appeals Board would have jurisdiction
thereafter.
“We were pleased to learn that the mandate of this Board
has been expanded to a full review of the legality and grounds of the
detention, and that the detainee can also challenge the detention before the
court, with eligibility to legal aid throughout the process,” Mr. Adjovi said.
The experts also welcomed the introduction of an initial
reception system to change the practice of automatically detaining irregular
migrants and asylum seekers from the starting point.
A new initial reception centre has already been set up
for unaccompanied migrant children and accompanied migrant children with up to
two family members upon arrival, for medical clearance, age assessment and
registration before a transfer to an open centre. This will allow for the
non-detention of minors.
Plans are still under way for a temporary initial
reception centre for adults, while the Government is going to start the
construction of a new facility to be used as an initial reception centre which
is expected to be in compliance with European Union Directives on the subject.
During their three-day mission to Malta, the experts met
with authorities of different Branches of the State and representatives of
civil society. They also visited prisons and detention centres.
The Working Group will present a follow-up report at a
forthcoming session of the UN Human Rights Council.
(*) Check the experts’ full end-of-mission statement:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16156&LangID=E
ENDS
The Working Group on Arbitrary Detention was established
by the former Commission on Human Rights in 1991 to investigate instances of
alleged arbitrary deprivation of liberty. Its mandate was clarified and
extended by the Commission to cover the issue of administrative custody of
asylum-seekers and immigrants. In September 2013, the Human Rights Council
confirmed the scope of the Working Group's mandate and extended it for a
further three-year period.
The Working Group is comprised of five independent expert
members from various regions of the world. The Chair-Rapporteur is Mr.
Seong-Phil Hong (the Republic of Korea); the Vice Chair-Rapporteurs are Mr.
José Guevara (Mexico) and Mr. Sètondji Roland Adjovi (Benin). Other members
include Mr. Mads Andenas (Norway) and Mr. Vladimir Tochilovsky (Ukraine). Learn
more, log on to: http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx
The Working Groups are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
UN Human Rights Country Page – Malta: http://www.ohchr.org/EN/countries/ENACARegion/Pages/MTIndex.aspx
Check the Database of the Working Group on Arbitrary
Detention: http://www.unwgaddatabase.org/un/
For more information and media requests, please contact:
Ms. Yiyao Zhang (+ 41 22 917 9634 / +41 769 444 3707 / yzhang@ohchr.org) and
Mr. Miguel de la Lama (+41 22 917 9289 / +41 79 444 4917 / mdelalama@ohchr.org)
or write to wgad@ohchr.org
For media inquiries related to other UN independent
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