Amnesty says it was unable to send representative

Amnesty International (AI) has expressed its disappointment at having been unable to send a representative to contribute to the magisterial inquiry into the deportation of Eritrean illegal immigrants in 2002 despite offering to assist.

AI's researcher for Western Europe, Nerys Lee told The Times yesterday Amnesty did not, regrettably, send a representative because the "board of inquiry" had not been prepared to disclose its terms of reference to AI and was not prepared to provide the one assurance the organisation had requested.

Amnesty said it had asked for an assurance that "the board would not seek information from the organisation, the disclosure of which might have the effect of identifying sources who have given AI information in confidence, some of whom might fear for their safety".

Previously, AI had expressed its willingness to send a representative from London to Malta to confirm, under oath, the authenticity of the documents produced by the organisation and to answer questions relating to them, Ms Lee explained.

The conclusion of the inquiry, announced by Home Affairs Minister Tonio Borg last Saturday, was that the Maltese authorities "did not in any way go against any directive by the United Nations High Commissioner for Refugees, nor any directive of Amnesty International, or any other internationally recognised organisation that works in this sector".

According to the inquiry findings, the Eritreans refused to apply for asylum but wanted to continue their journey to Sicily instead.

The inquiry delved into claims made by AI in a report dated May 2004 called Eritrea: You Have No Right To Ask, which claimed that several of those deported from Malta in 2002 were subjected to torture upon their return to Eritrea.

AI said it was not in a position to comment on the findings and report of the magistrate's inquiry since it has not received details as to the precise remit of the inquiry or a copy of the report itself.

Last June, AI wrote an open letter to the Home Affairs Minister which underlined that its current primary concern was that "all possible steps should be taken to help those people whom it believes to be still in detention in Eritrea following their return by Malta and currently suffering and at constant risk of serious human rights violations, including torture, death and indefinite detention without charge or trial".

Amnesty also wanted to ensure that Malta refrains from repatriating people in need of international protection to a country where they risk such treatment. AI also told the minister that it welcomed news of the opening of an inquiry and, among other things, sought the minister's cooperation in proving AI with details of its precise remit.

"We explained that our understanding was based only on an unofficial English translation of Department of Information Press Release No. 869 of May 25," Ms Lee said.

Amnesty expressed its disappointment that the minister had not, as yet, replied to its June letter, which it had also copied to the magistrate in charge of the inquiry.

"We pointed out that AI would be able to assist on the first area indicated in the government's May press release - whether the process leading to the deportation was regular and legal - but had no information relevant to the second area - whether any individuals or authorities exerted undue pressure for the deportations to be carried out," Ms Lee said.