Migrant detained despite release order

The defence lawyers of a 43-year-old immigrant, whose release was ordered on Monday when a magistrate declared his detention illegal, yesterday filed an application against the Police Commissioner claiming the man was refused to leave the Hal Far detention centre.

In the application Karim Barboush's four-strong defence team -Andrew Galea Debono, Cedric Mifsud, Michael Camilleri and Katrine Camilleri - asked Magistrate Anthony Vella to take any necessary action to ensure that Barboush is released.

When the lawyers asked the police why their client was not being released, in light of the court order, no reason was given.

On Monday, Magistrate Vella ruled that the detention of Barboush, awaiting the outcome of an appeal filed seven months ago, was illegal and ordered his immediate release.

The Refugees' Act states that an applicant need not necessarily be detained and, the magistrate ruled, he could not see why Barboush should be held especially when the Board of Appeal was not composed at the moment. "Are we to expect that these people, who have fundamental human rights like everybody else, should remain in detention until someone remembers to constitute the Board of Appeal, hear the applicants' case and decide it," Magistrate Vella asked.

Barboush had explained he was born in Iraq and left his homeland with his uncle when he was 13 years old. After several years in Libya he decided to leave for Europe but, on May 5, 2003, ended up in Malta where he was arrested.

He was initially held at the police headquarters but was then moved to the detention centre were he has since remained, 14 months on.

Barboush applied for refugee status but his application was turned down on the grounds that he had not provided sufficient evidence regarding his identity.

In a letter dated March 15 he filed an appeal but has not received a reply yet. In the letter Barboush also asked to be assisted by a legal aid lawyer, as was his right, but no lawyer had been assigned.

Moreover, throughout his detention he had been taken to hospital several times and doctors recommended that he no longer be detained due to his health condition.