It was evident that the UN working group failed to fully appreciate the scale of the problem that Malta was facing as a result of the influx of illegal immigrants, the government said last night.
It said that in formulating its policies on illegal migration and detention, the government sought to achieve a balance between security concerns and humanitarian considerations. Moreover, full consideration was taken of the rights of asylum seekers.
The government specified that not all persons in detention have been or will be detained for 18 months. In fact, if their case is not determined within 12 months asylum seekers are released even if most asylum cases are determined well before the elapse of 12 months.
In addition, not all illegal immigrants are subject to the detention requirement. The government explained that the eight-year old child allegedly detained arrived less than two weeks ago and was released because he had obtained the required medical clearance and not because he was "pointed out" by the UN working group.
Furthermore, illegal immigration in Malta has been decriminalised.
Turning to the conditions of detention, the government said that efforts are continuously being made to enhance existing facilities and to enlarge capacity. Malta last year witnessed a record number of arrivals: 2,775, as compared to 1,702 in 2007, an increase of 63 per cent.
The government also referred to the case of the Somali suffering from chickenpox and HIV and who, according to the UN working group, should have been in hospital and not kept in a cell. This person, the government explained, was not denied hospital treatment and was being kept alone, but not inside a cell, with a view to avoiding the spread of chickenpox. In Malta, illegal immigrants are afforded all the medical treatment available to any Maltese citizen.
The government noted the group's comments that illegal immigration is a problem that should be shared by the world as a whole, adding that such appeals were made in the past to little effect.
The government said the working group was briefed about the imminent publication of a White Paper on Restorative Justice, which will propose the introduction of the parole concept. The briefing took place after the working group's press release was drafted.
On Corradino Correctional Facility inmates awaiting trial, the government said that out of a total population of 431 only 131, or 30 per cent, were awaiting trial. It further pointed out that orders for custody are issued by the courts, which are an independent institution.