Updated: Detention regime of irregular migrants criticised
Group failed to appreciate extent of Malta's problem - ministry
The detention regime applied with irregular migrants in Malta is not in line with international human rights, a UN working group on arbitrary detention has found.
But the Justice Ministry said that from the conclusions it was evident that the working group failed to fully appreciate the scale of the problem that Malta, with its limited resources, limited land mass, and a population of just over 400,000 people was facing with the numbers of illegal immigrants arriving to its shores.
The group has been in Malta at the invitation of the government since Monday and presented their initial report to the media this evening.
Group chairman and rapporteur Manuela Carmena Castrillo of Spain said that during the group’s visits they met an eight-year-old boy who was detained and a Somali suffering from HIV and chicken pox vegetating in a cell when he should have been in hospital.
They pointed out that the boy was released as soon as the government's attention was drawn.
Ms Castrillo criticised Malta’s detention policy and said that the closed centres at Safi and Lyster Barracks were appalling and it was unacceptable that people - who were not criminals, were made to stay there for 18 months. Detention, she said, should not be used as a deterrent or a sanction.
The group also visited the Corradino Correctional Facilities and other places of detention, including the police headquarters and Mount Carmel.
Ms Castrillo expressed concern at long period of time people were detained prior to their trial. She said that it was worrying that the ratio of people awaiting trail as compared to those who were convicted was higher than 50 per cent.
The group criticised the fact that the portfolio of the Justice and Home Affairs Ministry covered a wide range of powers and said that this could lead to a perception of lack of transparency and control within the system of administration of justice.
Ms Castrillo expressed concern that people arrested on suspicion of crime had no access to a defense layer in the 48 hours they were kept in custody.
She said that sometimes they were held for longer than 48 hours and the group heard of a case were a man was held for five days without access to a lawyer.
Ms Castrillo said that the group was proposing the introduction of parole, which was inexistent in Malta and said that the government appeared positive during talks with the group and seemed open to their proposals.
The ministry said that putting matters into perspective on the basis of the country’s population, the 2,775 illegal immigrants that arrived in Malta last year would be equivalent to more than 300,000 arriving in Spain during the same period.
It said that in formulating its policies on illegal migration and detention, the Maltese government sought to achieve a balance between security concerns on the one hand and humanitarian considerations on the other. Moreover, full consideration was taken of the rights of asylum seekers.
The ministry said that although it was true that the maximum detention period for illegal immigrants was 18 months, this did not mean that all the persons currently in detention would remain so for this period.
As a matter of fact, asylum seekers were detained for a maximum of 12 and if their case was not determined within this period, they would be released.
However, most asylum cases were determined well before the elapse of 12 months, and those who were recognised as refugees or beneficiaries of subsidiary protection were released immediately.
Moreover, not all illegal immigrants were subject to the detention requirement. In fact, vulnerable persons had their freedom restricted only until such time as they were given medical clearance, whereupon they were offered accommodation in open centres.
The eight-year old child that was allegedly detained entered Malta less than two weeks ago and was released because he had obtained the required medical clearance – which was mandatory for the release of any illegal immigrant - and not because he was “pointed out” by the group.
The ministry said that illegal immigration in Malta has been de-criminalised. Hence, the immigrants in question were issued with a removal order, in view of their illegal presence in the country. However, once an illegal immigrant applied for asylum the removal order was suspended, pending the result of the asylum application process.
The objective of detention, the ministry said, was to guarantee Malta’s security. Illegal immigrants, it stressed, entered Malta undocumented, so they could not be identified by the authorities.
Moreover, immigrants who were not recognised as refugees or beneficiaries of international protection had no right or entitlement to reside in Malta so efforts were made to have them repatriated to their respective countries.
Unfortunately, this was not always a straightforward or simple process, explaining why a number of illegal immigrants did spend the stipulated maximum of 18 months in detention.
As regards the conditions of detention, efforts were continuously being made to enhance existing facilities and to enlarge capacity; however during 2008 Malta witnessed a record number of arrivals of 2,775, as compared to 1,702 during 2007- an increase of 63 percent. This placed considerable strain on Malta’s detention facilities.
Referring to the Somali suffering from chicken pox and HIV, the ministry said that this immigrant was not denied hospital treatment and was being kept alone (not inside a cell) to avoiding the spread of chicken pox to the other immigrants.
The ministry said that whilst appreciating the group’s comments that illegal immigration was a problem that should be shared, such appeals were already made in the past, to little effect.
As for the introduction of parole in Malta’s penal system, the ministry said publication of a White Paper on Restorative Justice, which would propose the introduction of this concept, was imminent.
Referring to the proportion of inmates at the Corradino Correctional Facility who were still awaiting trial, the ministry said that the out of a total population of 431 currently being held at the CCF, only 131 (30 percent) were being detained while awaiting trial.
The group will present its full report in Geneva in May.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Carm Mifsud Bonnici resigns after...
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
Petrol price up 6c
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Joseph Calleja condemns portrayal of...
Carm Mifsud Bonnici resigns after...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
58 Comments
Post comment
Please sign in or create your Account to post comments.
M. Mercieca
Jan 24th 2009, 23:29
Quick reminder before getting fretted and carried out
I would like to remind every one that, just because some persons do not have documents, it does not mean they do not have rights. This is how both EU and UN works
This is not to blame the government and PL or WRONGLY thinking that any anti-immigrants pressure group would find a quick fix if ever elected.
If we just take off our ‘obsessions’ lenses, and understand GLOBAL FACTS (INCLUDIND EUROPE ‘S NEED FOR PEOPLES) we will understand things correctly.
Whatever they are called, boat peoples, Irregular, illegal, undocumented immigrant is increasing phenomena. The phenomena will stay with us.
Alex Ellul
Jan 24th 2009, 13:55
@Moses MUla: So the United Nations take the easiest way out, the line of leats resistance, and instead of criticising the rogues, criticises the victims
Carmel Camilleri
Jan 24th 2009, 10:48
@ Richard Schranz
So you think that Malta's illegal immigration is out of line.
It would be good for you to do some research on the matter. In the process, you would find, for example, that last year the EU rubberstamped Malta's illegal immigration policy with its new directive which allows for a maximum detention period of 18 months. So much so, that other countries are now following our example.
Moses Mula
Jan 24th 2009, 10:10
@ Alex Ellul
If it was that easy my friend, that would be a great solution. But the truth is that establishing UNHCR EMIGRATION OFFICES in some of these countries would be utterly impossible. Do you really think that Somali militants would just let people go freely to apply for refugee status? No, they want them to stay and join their army of rebels or else suffer the consequences. Some of these people do not only flee their countries because of armed conflicts, but because of negative peace which is as devestating as armed conflict. Just look at Burma were millions of people keep suffering but because there is no shots fired, the media does not care to report, and so we might think that all is good and well. Whoever takes the risk to cross shark infested seas and pay loads of money to reach europe must be either out of his mind or desperate. I would think the latter applies to 99% of these cases. Malta is doing its part, but it is clear there is need for improvement. And I am not ashamed to value immigrants lifes and rights as much as Maltese.
lgalea
Jan 24th 2009, 09:56
Richard Schranz
I agree that the detention policy be reviewed.
It should be extended until the illegal immigrats are REPATRIATED.
Charles J Buttigieg
The illegal immigrats have absolutely NO right to be here so they can claim NO rights while in Malta. Their only right is to be expelled.
Christine Camilleri Dagger
The only solution is to keep them in indefinite detention whatever the UN, UNHCR and the eu says. If they feel sorry for them they should take them to their own countries. I don't. I consider them simply as INVADERS of MY country.
Alex Ellul
Jan 24th 2009, 09:20
Let me offer a solution: The UNHCR establishes emigration offices in problem countries. Citizens of these countries would then be able to apply for emigrant status or refugee status. All those who are accepted will be sent to stable countries around the world according to agreements reached beforehand. All other people who come by boat or other illegal means will then be considered as criminals.
Alex Ellul
Jan 24th 2009, 09:12
About 10% of these boat people are estimated to lose their life during the crossings. The major problem is not the quality and conditions of the shelters in Lampedusa or Malta but the source of this illegal trade, causing so many unnecessary deaths. UNHCR should first go to the north African shores to check on the organisations involved in this trade, before criticising our great efforts in saving these poor people, providing them with shelter, food, medical care etc.
If these people deserve coming to Europe we should get them on a plane, legally and humanely, not leaving it to the criminal organisations, putting them on rickety boats causing so much unnecessary deaths and suffering. Not to mention the dangers in leaving one's country, traveling across deserts etc.
UNHCR should commence from the point of origin and then at the destination.
malcolm seychell
Jan 24th 2009, 08:58
@ Martin Schranz
Maybe you can accomodate them in your house since you seem to love illegal immigrants so much.
If the minister has to resign is because he cannot control illegal immigration.
J Busuttil
Jan 24th 2009, 08:50
We can"t cope with this number of ILLEGAL immigrants. So now is the time coming to protest against this situation, Vote for AZZJONI NAZZJONALI in the coming European election becuase the other three parties are noy fit to speak for us in the EU.
A. Mizzi
Jan 24th 2009, 08:17
So what's new? Burden sharing anyone?
Ms. Castillo should have provided solutions with her criticism, maybe a touch of burden sharing from her country of origin?
Was the impact of the irregular immigrants situation on the locals evaluated and mentioned in the report?
When will the next Group be coming to tell us what we already know and at whose expense?
Charles J Buttigieg
Jan 24th 2009, 08:00
Ms.Castillo and her team were invited here by our government to inspect the standards not to offer solutions or to sympathise with us for our burden. I agree with her findings and so would all of those who are criticising her if the victims were whites, more so Maltese, detained in another country under the same situations. Ms. Castillo did a fine job. Victims as well as criminals have a divine right for their dignity.
The sad question is whether we can afford to give them better conditions and the obvious answer is ‘no we can’t’. It’s not that we aren’t honouring our obligation it should be about our EU Partners’ refusal to honour their obligations to us. The EU has got the required resources to solve the illegal immigration problem and our problem if they want to put some Euros where their mouth is.
No I am not in a position to offer any other tangible solution. My duty as an EU citizen is to participate in the selection of our Government as well as our MEP. They are paid well and the onus for solutions rest on them.
A Vella
Jan 24th 2009, 07:16
serves the Ministry right for inviting them to visit malta! what was the purpose? Did the minister believe that he would be praised for his work? Isn t it obvious that as the trend goes, we only receive criticism and no practical help what so ever. Seems like people who enter a country illegally become the victims and the country receiving them suddenly become the evil one for not allowing them to roam freely. Why doesn t the UN take a thousand of them- they will be happy and we even more so
Christine Camilleri Dagger
Jan 24th 2009, 04:23
Since the issue of illegal immigrants is unlikely to ever go away, then the only 2 viable options with respect to better managing this problem is thus: Either pressure the EU to provide more money to the Maltese government in order to expand the existing camps to better house the increasing numbers, as well as hire more people to better manage them, Or, have the policy revised such that it becomes harder for illegals to remain, enabling ease of deportation (especially in the more serious of cases), thereby quickening the process to free up more space. Or even both. Paramount, however, is the need to safeguard the best interests of the birth-born Maltese population, in terms of having their priority rights to employment, housing, safety, etc., if only to defuse any future potential unrest.
Peter Abela
Jan 24th 2009, 01:40
I find it very hard to believe that people, no matter who they are, but especially so in the case that they represent supposedly important international bodies like the UN, are allowed to speak in this derogatory way about the Maltese people. These same Maltese people have been stifled and cannot speak their mind about ILLEGAL immigration that has become such a regular occurence, not withstanding some attempts to disguise it as an irregular phenomenon.
Alex Ellul
Jan 24th 2009, 01:36
What is the size of the UNHCR annual budget? How many people does this organisation employ? How many employees are out in the field trying sort out the problems at source?
The Maltese Government is trying to sort out the problem here, but who is looking at the problem at the point of origin? WHO SHOULD BE SPENDING HIS RESOURCES TRYING TO IDENTIFY THE CAUSE OF THE PROBLEMS AND ELIMINATE THE PROBLEMS SO THAT THESE PEOPLE WOULD BE ABLE TO LIVE A DECENT LIFE INT THEIR OWN HOMELAND?
In my opinion, all other comments critical of the Maltese position are nothing but crocodile tears.
Paul Barrett
Jan 24th 2009, 01:09
There are times when criticism is useful - again, think laterally.
This report is excellent news for Malta - the group will make their report and it will show that Malta needs help and we may at last actually get help.
Anything in the report saying that all was fine and we could cope would negate all efforts so far made that the situation was serious.
Richard Schranz
Jan 24th 2009, 00:12
Dr Corinne Wood is spot on.
Very sad and distressing to read the unfair comments by so many respondents in their
reaction to the report by the UN Working Group on the detention regime regarding irregular migrants and other places of detention including the C.C.F. Rather than attacking the UN Working Group Chairperson and her country, we should focus on the Groups findings and work together to review the detention policy, find ways and means to reduce the detention time of migrants and raise their living standards to internationally accepted levels.
Mr Martinelli
President Obama has decided to close the Guatanamo Bay Detention Centre. Incidentally this centre houses alleged terrorists not victims of terrorism, war and hunger.
Michel Bencini
Jan 24th 2009, 00:10
It is incomprehensible why people who land on Malta's shores should be automatically detained and kept in a quasi jail. I wonder what St.Paul, the apostle would have to say about it. The status of an illegal does not make one a criminal. If detention is contemplated, then due process of law should be swift, fair and equitable. Mata can't be the Guantanamo of the Mediterranean. It is a civilized European nation and should act like one and not restrict peope because the current happened to shipwreck them in the Blue Lagoon. If people are seeking refugee status under the UN Convention to which Malta is a signatory, then they should be accorded protection and dignity.
Throughout history, people have moved to better themselves economically or politically. The Maltese know that full well. There are more of them living abroad as I write. Rather than whining and feeling helpless, the Maltese political class should come up with ideas and proactive solutions and involve their European partners. Short of that, Malta should either secede from the European Union or shut its petulant trap.
Matthew Agius
Jan 23rd 2009, 23:58
It's good to have the exercises carried out. We can only improve from such criticisms - such as that 'the ratio of people awaiting trail to those who were convicted was higher than 50%.'
HOWEVER, it is imminent that frustration and concern is increasing about illegal immigration. And it is important to note the limited resources, small population, and amazingly minute landmass of our country.
When seeing that about 300,000 illegal immigrants in Spain equal to circa 2,500 in Malta, it is something to worry about. For I am sure that if in such a short time, 300,000 illegal immigrants enter Spain, and limiting resources and so on, it would be of hazardous concern on agendas.
It is a misery that they have to live in such situations for they are humans as well. However, they are coming here illegally and despite the reasons why they leave, it is an illegal act (if someone steals because he's hungry he's still stealing, no?!)
I think that with exercises like this we should see to our problems, and UN and EU see to their problems of not giving the necessary assistance. THEY TOO ARE TO BLAME IN THIS SITUATION!
Denis Catania
Jan 23rd 2009, 23:33
So now the Justice Ministry admits we have a problem. Would he consider himself a racist too.Or only we are considered racists. The government should take advantage of this report, by not accepting anymore illegals. I'm not saying turn your back on the illegals at sea. Call another EU country than can take care of them better and have them pick them up. We are full up. The EU needs to realize that. PM Gonzi needs to realize this too. We are no longer helping them.We are abusing them and hurting Malta at the same time. Thanks to the EU.
Carmel Camilleri
Jan 23rd 2009, 23:12
@ Martin Schranz
This article states the following: "The eight-year old child that was allegedly detained entered Malta less than two weeks ago and was released because he had obtained the required medical clearance – which was mandatory for the release of any illegal immigrant - and not because he was “pointed out” by the group."
So why, according to you, should the Minister resign? Because he did not release the child without first making sure that he was ok healthwise to be released with the general society?
And what about the immigrant with HIV and chicken pox, or the "very sick Somali" you refer to? Did you get hospitalised when you had chicken pox? I certainly wasn't. And BTW, being HIV positive (which is treatable) does not mean that you have AIDS. Your statement is a gross exaggeration, like the rest of the statements of this Working Group.
Kenneth Galea
Jan 23rd 2009, 22:58
I despair when I read the comments from both the UN and our ministry. Our government encouraged illegal immigration to our shores in the fist place because it succumbed to the demands of the UNHCR and chose to be politically correct.
There does not seem to be an end to this national crisis. I am dreading the calmer and warmer months. Dear commentators brace yourselves for a recored invasion of illegal immigrants this year. It is clear to me that no one is taking any notice of Malta, this article just proves it.
Patrick Bellia
Jan 23rd 2009, 22:50
ITS SIMPLE AS ABC, IF THEY DONT LIKE THESE CONDITIONS DO NOT COME HERE, AND MS MANUELA CARMENA CASTRILLO, IF YOUR HEART IS HURTING YOU SO MUCH WHY DONT YOU TAKE THEM TO YOUR COUNTRY,
Louis Gialanze
Jan 23rd 2009, 22:35
I stand to correct myself since Malta decriminalised illegal entry by adoption of the refugee act in 2002. That was the year our politicians sold their souls and their country.
Martin Schranz
Jan 23rd 2009, 22:35
This report is truly shocking. An eight year old boy and very sick Somali kept in detention in such poor conditions! The Home and Affairs Minister Dr Carmelo Mifsud Bonnici should resign immediately. If not Dr Lawrence Gonzi should insist on his resignation or give over this sensitive ministry to someone more capable. Where is our Commissioner for Children? How did she let this happen? Shame also on the PL leader Joseph Muscat who has kept quiet on such matters. He seems more interested in electricity tariffs and pompous displays of showmanship than the horrendous plight of an eight year old boy in his own country. Dr Lawrence Gonzi this is ultimately your responsibility, be a man before a politician, and please take the right decisions for these unfortunate people.
Dr Emmy BEZZINA,B.A.,Dip.S.Th.,LL.D.
Jan 23rd 2009, 22:29
This is a damning Report about my country which confirms an inefficient Administration.I stated from the outset of this Minority Administration that we could not have a Minister for Justice & Home Affairs combined.It is true that this phraseology is utilised as one of the European Union`s Pillars and probably our Government wanted to impress:however we are here relating to a huge difference and it is clear that this Ministry has now to be split with Justice & Home Affairs going separate ways.The Maltese will have to suffer the humiliation once more as our SERVANTS [MPs+their entourage]did not listen to those voices who wish the country well but do not belong and don`t want to belong to the priviliged encircled Circle!
Our fellow countrymen have to imbue the fact that this country needs badly a change of the same repetitive Administrations we have been having and nepotism whether in Malta or in Brussels must stop once and for all:the Country is fed up of being dictated to by persons who never even bothered to pen anything about Malta and yet enjoy considerable influential power over our Leaders.Let us stop the Carnival and take heed of this criticism!
Noel Cutajar
Jan 23rd 2009, 22:19
Charity begins at home...pay a visit to Spain especially the Canary islands...then come with ideas and solutions. It is quite easy to criticise as you come for a few days and leave. We have to live with the problem and no one else. Encourage UN members for burden sharing, maybe we can start believing in hope. Other than that please pack and leave.
Herbert Grech
Jan 23rd 2009, 22:18
Entering Malta illegaly should be made a crime punishable with a jail, so these illegal immigrants can be properly tried and legally incarcerated for as long as necessary.
Refusing to cooperate and provide documents proving nationality should also warrant imprisonment for as long as it continues.
Let us move to close this massive loophole that allows these illegal imigrants to stay here draining our resources, which are being taxed to the limits just to find out where these people are from because they don't want to say.
louise vella
Jan 23rd 2009, 22:09
Gonzi should have a public consultation process to find out what the people of Malta think of (a) illegal immigrants
(b) his complacent policy towards illegal immigration and
(c) his appeasement of all do-gooder orgaisations which lobby in favour of illegal immigrants.
Sandro Pace
Jan 23rd 2009, 22:08
Malta has no other way sorry. It has little land, and has to guard it at all cost. Whatever.
Blame yourself UN or UNHCR. Finland was ready to take some hundreds from our country, but you did not want to reduce this from Finland's annual quota, thereby not recognising Malta's problems. This relief therefore failed.
You want the cake and eat it.
Louis Gialanze
Jan 23rd 2009, 22:01
I dare say if anything detention times ought to be increased. Detention is the only effective deterrent to stem the flow. Otherwise we might just as well board the boats ouselves. These people have never been invited and came in clandestinely without any papers therefore rendering their status illegal , a crime in our country - for which we have to answer to no one. The security of our country overides any other consideration.
Corinne Wood
Jan 23rd 2009, 21:55
The reaction to the criticism the article talks about, is sad and disgusting!
Malta will never move forward ;as this sample of its population is showing us!
John Betts
Jan 23rd 2009, 21:54
Mr. Martinelli, are you aware that Mr. Ban Ki Moon himself has visited Gaza, where a UN school was bombed? And that the current President of the United States has requested closure of the Guantanamo Bay detention centre within a year?
K Farrugia
Jan 23rd 2009, 21:47
If they don't like it, they can host some, or better all,of the migrants themselves! Everyone is good at pointing fingers but no one likes to share the burden!
John Betts
Jan 23rd 2009, 21:41
Mr. J Calleja wonders "how many other HIV victims are among these emigrants?" Even a tourist coming to Malta on holiday could be HIV positive; but people who are HIV positive cannot and should not be discriminated against because of this - and neither should an immigrant. Checking to see whether a person is HIV positive without their consent is not only unethical: the Political Declaration on HIV, 2006, proclaims the right of a person to privacy and protection against mandatory testing. This declaration was was adopted unanimously by UN Member States on 2nd June 2006, at the close of the United Nations General Assembly 2006 High Level Meeting on AIDS; and as Malta is a member state of the UN (for the record, since 1st December 1964), this applies here as well.
edward bartolo
Jan 23rd 2009, 21:32
Money from the EU will not solve our problem of overpopulation. Malta is a tiny state with one of the smallest territories. How come the UN expect us to take a burden we, as a nation, cannot take?!
I do not intend to appear as wanting to cause more tension, but problems like this one, are a real concern. Look at history and you will find, that whenever there is a lack of resources, tension and conflicts soar. This is history... no one can deny that. Do we, as a nation, want to have unnecessary conflicts?
I assume, most Maltese, say a definite "NO".
John Inguanez
Jan 23rd 2009, 21:31
While I am in favour of respecting these illegal immigrants, the UN delegation should understand the simply Malta could not hold all these immigrants. It is an impossibility. If Spain, her country managed to solve the problem with illegal immigration, she has a solution: tell her government to accept those who land in Malta also. That surely would be solidarity in action.
Words do not give food to people, action would.
Charles Sammut
Jan 23rd 2009, 21:26
"The group has been in Malta at the invitation of the government since Monday and presented their initial report to the media this evening."
It seems that Gonzi asked for it, he invited them!
Doesn't he have enough problems on his hands?
Helena Psaila
Jan 23rd 2009, 21:25
Ms Castrillo is right on all counts - yes detention centres are appalling, yes they are factories of mental breakdown, yes suspects should have access to a lawyer, yes our criminals are detained too long before they even go to trial.
We should listen to her intently, because all around us there are people suffering unjustly and it is up to us to demand change for these people.
John Borg (mlh)
Jan 23rd 2009, 21:22
I suggest that the governmant should requisition the Hilton Portomaso complex and house the refugees there.
Next would be the Midi project, then Penderplace (at least there are no residents there yet!) and that should make Ms Castrillo happy!
We could even move the offices of the Unhcr there too, just to make it nice and cosy. We can then use the €3.7 million to teach the native maltese to speak the languages of the African guests so that they feel right at home and to top it all of, we can even allow the pirates of Mogadishu to make the Grand Harbour a safe haven for their trade. Forget about building a bridge linking Malta with Gozo, we can go one step further and build it accross to Libya, that way the perils of crossing over can be avoided and it would save them the bother of having satellite phones too!
No, I am not being crazy, just practical!!
louise vella
Jan 23rd 2009, 21:17
"The group has been in Malta at the invitation of the government"!
If you believe that you will believe anything.
Why does the government not admit that it has succumbed to all kinds of pressure from all kinds of organisations?
J Martinelli
Jan 23rd 2009, 21:16
I am truly puzzled by Ahmed Bugri's comments. He seems to back the UN group's findings. Among his comments I quote, "The detention of any person must be based on law, even if that detention was the result of the commission of a criminal offence". Is this why Guantanamo Bay prison is still operating seven years after detainees were incarcerated there still waiting trial? Has the group visited that prison? Granted, facilities here are not of a 'hotel' standard due to lack of space and resources, but these unfortunate people are given shelter, food and basic needs plus, those who qualify, are given an allowance. Can anyone call this inhumane or deprivation of human rights? And why is the group called a 'UN working group on arbitrary detention'? What is so arbitrary here?
If we were to build a block of apartments at a great cost, would we not give the impression that all are welcome, making us an even more attractive destination for the immigrants?
Maybe next stop for the UN working group should be Gaza. The human right issue is best illustrated there in arbitrarily bombed out residential homes.
malcolm seychell
Jan 23rd 2009, 21:11
We had enough of illegal immigration.
If he wants he can take them to spain.
louise vella
Jan 23rd 2009, 21:08
UNHCR is about refugees. Instead it is trying to extend its mantel over illegal immigrants. Are there not enough genuine refugees in the world to keep UNHCR's hands full?
Detention centres? All the detainees are FREE to leave tomorrow if they tell us to which country they want to go - preferably their own. Truth is often their very countries refuse to take them back. The detained illegal immigrants are FREE to go to Spain, Senegal, Russia, Chile or Pakistan (that is the countries of origin of the UN committee) but only if these countries accept them.
Edwin Mifsud
Jan 23rd 2009, 20:55
@David Thake
I take it you are referring to Manuela's insensitivity towards Malta and the Maltese people.
Alan Attard
Jan 23rd 2009, 20:50
Senora Castrillo comes from an EU country with 14% unemployment - the highest in the EU according to latest statistics - and Spain is in a recession. The Spanish borders are open to North Africans who decide to cross illegally to this country. In the last years the Spanish Govertment tried its best to integrate these illegal immigrants within the community on the basis that certain jobs were not being taken by the locals.
Today I would like to hear Senora Castrillo who hails from one of the largest EU countries whether her country is ready to share the burden that our country is being obliged to carry. Whilst many of us do not wish to be racist, our country cannot cope with the further influx of illegal immigrants. The situation on the roads is out of control and I heed the authorities concerned to act as the Italian Govertment has. What has Sen Castrillo to say to the Italian policy of sending back ALL illegal immigrants to the country from where their journey of destiny commenced? The Maltese Govt. has to act fast on the issue, the summer season is only a corner away, the saga lingers on!
James Sultana
Jan 23rd 2009, 20:41
So in this moment in time where Israel is attacking UN buildings in Gaza, its spokepersons and inspectors found it more important to criticise the way that ILLEGAL immigrants are kept in Malta, rather than how they allowed WITHOUT ANY SANCTIONS that one of its members fires missiles, destroys AND KILLS INNOCENT PEOPLE INCLUDING CHILDREN on its own premises !!!
Dear Ms Castrillo ..... the people killed on your premises in Gaza are more innocent than those held at Safi and Hal Far .... the ones at Safi and Hal Far BROKE THE LAW. Hunger and poverty are harsh BUT THEY ARE NOT A JUSTIFICATION FOR BREAKING THE LAW. If a Maltese citizen is homeless and hungry he can`t just simply break into someone else`s home to live there ... so why should any other national be able to break the law ??
P Borg
Jan 23rd 2009, 20:37
"Ms Castrillo criticised Malta’s detention policy and said that the closed centres at Safi and Lyster Barracks were appalling and it was unacceptable that people - who were not criminals, were made to stay there for 18 months."
Dear Ms Castrillo, if someone enters into your house without your consent, isn't that a criminal act? These people are entering our country without our consent and, as such, for me they are all criminals, unless they give proof that they are refugees (but most of them "lose" their passport on the way and have heard of one them seen eating it on his way to Malta on an AFM boat).
As regards the 8-year-old boy, has he been separated from his family now or has all his family been released? It does not make sense at all to separate him from his family (I am assuming that he did not come to Malta alone) This is of particular concern as we might soon see family trips being organised from Libya! Which should be even of greater concern to the UN as this would represent child abuse (which is far more serious than leaving criminals in detention centres, as should be!!).
Moses Mula
Jan 23rd 2009, 20:33
Some people seem to think that the UN is a country, when they say that the UN should take them Castrillo was not representing Spain, but the UN and its human rights body. So after so many people saying that these immigrants are living the life in Malta, here we have an example of an 8 year old and an HIV victim rotting in a cell. Even Guantamo Bay is going to be closed, and this is a detention for suspected terrorists. Apart from immigrants, it seems that even Maltese are being denied their rights, but sadly I am not so surprised at this fact. Let us face facts and accept the fact that there is a need for improvement regarding human and civil rights, even in Malta. We might be better than North Korea and Burma, but that does not make us perfect. I know that we Maltese have a problem to take criticism and directives from foreign authority, but in these cases it is much more than needed. Remember, it can be you one day that is arrested and not served your right to meet a lawyer straight away.
Charles Sammut
Jan 23rd 2009, 20:29
Ms Castrillo, why don't you put your own house in order before pontificating on what we in Malta should do? This is the sort of people they have at the UN. What can you tell us about Dr. Clarence J. Dias is the President of the International Center for Law in Development, a Third World NGO concerned about human rights in the development process.
http://www.nydailynews.com/news/ny_crime/2009/01/20/2009-01-20_human_rights_worker_with_united_nations_.html?print=1&page=all
Kenneth Galea
Jan 23rd 2009, 20:27
The same old story! Talk, talk and talk and the UNHCR never ever come up with practical solutions. This is an organisation which is encouraing illegal immigration and its job seems to criticise with no action. There is no room for illegal immigrants in Malta and if the UNHCR is so concerned about the welfare of these economic migrants they should organise repatriations NOW to their headquarters in Brussels and the US.
Ahmed Bugri
Jan 23rd 2009, 20:18
The UN Working Group on Arbitrary Detention is a human rights body mandated by the UN to investigate situation of detentions all over the world. The report made it very clear that their finding is based on International Humanitarian and Human Rights Law, particularly on the deprivation of the Right to Freedom. The detention of any person must be based on law, even if that detention was the result of the commission of a criminal offence.
The group did not only comment on the detention of irregular migrants but on the institutional structures in Malta vis-a-vis detention of persons. They visited the Prison, Some police stations, and detention centres. In fact, at the press conference Ms Castille and Mr Sok praised the government of Malta in many fronts. The group acknowledged the international problem of migration and hoped that other EU countries would help Malta in dealing with the situation.They also commented on the number of Maltese detained at the prison awaiting the trial.
It is very interesting to read comments criticisng members of the group.
The violation of a person's human rights is a violation no matter what the reason for such violation is.
Raymond Sammut
Jan 23rd 2009, 20:15
This is another case of the Maltese government giving in to pressure groups.
No government has to yield to the UN. The UN has no jurisdiction over Malta's legal system. The Maltese authorities are within their rights to restrain freedom of movement where criminality is involved, such as entering a country illegally or possession of substances.
There is hardly a place in the world where the UN has any credibility.
J Martinelli
Jan 23rd 2009, 20:10
Maybe the UN and the EU should get together and sort out the main issues.
Ms Castrillo is overly concerned about the detention centres conditions "was unacceptable (for) people - who were not criminals". Since when forcing oneself into a foreign country without permission and without papers not 'criminal'? Would Spain let anyone in without question even if lacking documents? Good, then as a previous writer said, let's solve the problem and send all the detainees to Spain. Of course this is ridiculous and so are the findings of the UN working group.
If their exercise was solely to illustrate Malta's problem, the group should just say so and carry on with a solution. Our immigration policy is clear - we will not allow any legal, let alone illegal immigrants, so letting all the detainees free is irrational verging on suicidal.
Let my comments not be interpreted as racial or anti-immigrants - that's not the issue. The issue is that no one has the right to act as prima donnas, not understand our plight and blame the authorities.
Where is the solution Ms.Castrillo?
David Thake
Jan 23rd 2009, 20:09
I find the insensitivity shown by some people who comment to be nothing short of disgusting.
Lawrence Calleja
Jan 23rd 2009, 20:06
I could not believe my eyes when I read what Castrillo of Spain had to say. None of her suggestions are applicable neither to Malta nor to any other country in Europe.
c.camilleri
Jan 23rd 2009, 20:00
Manuela Carmena Castrillo you can just help us to repatriate them to their countries. People in your position are well placed to criticise but rarely come with a durable solution.
S Azzopardi
Jan 23rd 2009, 19:52
I would ask Ms Castrillo of Spain how come boat loads of illegal immigrants "mysteriously disappear" in Spanish waters ? I would also ask what happens when Moroccans cross over to Spain or Portugal ?
She should think before talking ,we are a small island and we cant take that much illegal immigrants , they should be shared with Spain and the other EU countries !