EU awaiting inquiry conclusions

The European Commission is aware of the incidents that took place at the Safi Barracks last week and is awaiting the conclusions of the inquiry being held before deciding whether any steps should be taken, the office of the Commissioner for Justice and Home Affairs, Franco Frattini, said.

Friso Roscam Abbing, the commissioner's spokesman told The Times the Commission had been informed by the Maltese authorities that the Prime Minister has ordered an independent and thorough inquiry, led by a judge, into the incidents.

Asked whether the EU has any policy regarding the detention of asylum seekers in member states, Mr Abbing referred The Times to the Asylum Procedures Directive which is yet to be adopted by the EU Council.

He said that according to this directive, member states should not hold a person in detention for the sole reason that he or she is an asylum seeker and that, in the case of detention, provision should be made for a speedy judicial review.

It is expected that this directive will be adopted in the early months of this year. However, all member states, including Malta, will then have two years to transpose the directive into their national law. Sources close to the Commission said that although the EU is trying to forge a common policy on asylum seekers, one has to distinguish between this category of people and illegal immigrants.

The sources said the recent incidents in Malta involved illegal immigrants and not asylum seekers and therefore the provision of the directive will not affect illegal immigrants in Malta.

Mr Frattini's spokesman said that from February 27 another directive will come into force. He referred to the Reception Conditions Directive which provides for the support of asylum applicants.

Mr Abbing said article 7 of the directive lays down that asylum seekers may move freely within the territory of the host member state or within an area assigned to them by a member state.

It also states that when it proves necessary, for example for legal reasons or reasons of public order, member states may confine an applicant to a particular place in accordance with their national law.

Mr Abbing said the Commission will carefully monitor all member states' application of the asylum directives and will take action against defaulting member states.