Amnesty stresses needto uphold rules of detention

Amnesty International said it was noting an increasing number of reported protests by illegal immigrants against their treatment in Malta and called on the government to ensure it complies with international norms of detention.

A spokesman for Amnesty International said yesterday the human rights group was aware of hunger strikes currently taking place by Eritreans and Ethiopians being detained in Malta.

"This appears to bear out the validity of a warning contained in the last annual report of Malta's own Ombudsman when he said that as time goes by, it is likely that tension among detainees will rise because of their confined space, their monotonous daily routine and, especially, the insecurity concerning their future."

Amnesty International said it recognised that the Maltese authorities have taken some steps to address some of the problems and human rights violations claims arising. "But Malta must heed the warnings and take further and urgent measures to address the situation."

A substantial number of Eritrean and Ethiopian illegal immigrants being detained at the Safi barracks are still on hunger strike, according to sources familiar with the situation.

However, efforts to get comments from Home Affairs Minister Tonio Borg and the police authorities were not successful.

Alternattiva Demokratika yesterday called for a policy of openness with regards to the conditions of asylum seekers and immigrants in Malta. It said it was very concerned and called on the competent authorities to allow AD representatives to visit the immigrants.

"If the government, the army and the police have nothing to hide they should accede to our request to visit the Safi detention centre. They would also allow the media to visit detention centres."

Amnesty International said that key complaints raised by the current hunger strikers appear to focus on the length of their detention, the length of the refugee status determination procedures and related appeals and conditions of detention.

These are all issues about which local NGOs have repeatedly expressed concern over the last 12 months.

Over the past days, Amnesty International issued a public document summarising its concerns about the situation of asylum seekers and unauthorised immigrants in Malta during the first six months of 2003.

According to the reports received by Amnesty International, the spokesman said, it appeared that many of those detained in the detention centres have been held "on grounds beyond those allowed by international standards and in conditions of detention violating relevant international standards".

"As we point out in our new report, Amnesty International is calling on the Maltese authorities to ensure that, in line with relevant international standards, such as those issued by the UNHCR, asylum seekers are detained only when a legitimate reason for doing so has been demonstrated in the individual case, only where other measures short of detention will not suffice and only for a minimal period."

Amnesty International holds that detention of asylum seekers should be avoided. Alternatives to detention and non-custodial measures should always be considered before resorting to detention.

"No asylum seeker should be detained unless it has been established that detention is necessary, lawful and complies with one of the grounds recognised as legitimate by international standards. Detention of children is entirely inappropriate and should only take place as a measure of last resort and for the shortest possible time.

"Amnesty International calls on the authorities in Malta to ensure that any asylum seeker or refugee held in circumstances not fulfilling the criteria drawn from international standards is released immediately.

"Amnesty International has also underlined that the conditions of detention of all asylum seekers and unauthorised immigrants held in detention facilities in Malta should be subject to regular review to ensure their compliance with relevant international standards."