Claims of human rights violation dismissed
Claims by four illegal immigrants that their human rights were being violated were today dismissed by the First Hall of the Civil Court.
The migrants, held in the Hal Safi Detention Centre, landed illegally in Malta in summer last year after they left Libya, to live in a country which effectively protected their human rights.
The court concluded that the period of time they spent in detention was reasonable and that the conditions within the centre were not inhuman and degrading.
On their arrival in Malta they requested refugee status and their claims were being processed.
However, the men claimed that the length of time taken to establish their status was in violation of their human right to freedom from deprivation of liberty.
They claimed that they were being held in inhuman and degrading conditions within the Detention Centre while their applications were being processed.
Mr Justice Tonio Mallia pointed out that Maltese law provided for detention of immigrants until such time as their refugee status was established.
This was acceptable in terms of the European Convention of Human Rights. Case law of this court had established that detention of over two years in such cases was contrary to the migrant’s human rights.
However, Maltese law provided for detention for periods of 12 or 18 months.
If a migrant applied for refugee status he had to be released from detention within 12 months, if he did not apply for such status, within 18 months.
These time limits were reasonable the court said.
The court ruled that treatment was deemed to be inhuman if it was intended to cause intense physical and mental suffering and degrading if it led a victim to act against his or her will and if its object was to humiliate and debase the person concerned.
The migrants also complained about the quality of the food at the centre saying the potatoes were too white and they were not given enough sauce with their meals.
This, however, did not lead the court to conclude that the migrants were being treated in an inhuman or degrading manner.
Mr Justice Mallia declared that it did not result that the conditions in the Detention Centre were aimed at humiliating and debasing the inmates but at maintaining the stability of the country and to prohibit a deluge of irregular migrants across the country.
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Kenneth Cassar
Dec 18th 2009, 12:21
@ Michael Borg:
Please check your facts before shouting "discrimination".
Franco Xuereb
Dec 18th 2009, 09:41
Part 2
Don't keep on dreaming that Frontex will solve the problem as time after time Frontex has showed that it is more concerted in saving the life’s of these illegal people then save guarding the interest of Malta for one, last but not least, Europe will not help to solve the problem thus we do not want more founds to help with this problem but to get rid of these unwanted immigrants to go back from where they came and leave my country in the hands of it's citizens.
One last question perhaps some one might have the answer, the lawyer presenting this case on behave of these illegal immigrants have not been mentioned .......by any chance was the lawyer provided to them as legal aid???? Well what can I say, but let these unwanted people keep sucking on the Maltese tax payer.
Franco Xuereb
Dec 18th 2009, 09:38
Part 1
It's amazing where this country is heading, with these illegal immigrants.......it seems that they are pretending they should be treated with a silver plate.
What do they think we will start serving them with Al LA Cart menu.....? and in the said menu we include perhaps 'steak Dian' or even better 'Beef Wellington' and a nice bottle of red wine to accompany their meal and thus the state starts serving Lunch and Dinner with a state of the art service ( silver service).
Open your eyes citizens of Malta, can't you see that slowly but surely these unwanted people are taken over out country and not thing is being done.
JOHN F. GALEA
Dec 18th 2009, 07:38
This is the big thank you we Maltese taxpapers receive from said illegal immigrants. Mind you, beware, this is only the begining, much much more to come. In future we will witness mass protests from the majority of said illegals same as is happening elsewhere especially in the United Kingdom and France.
Malta's intake is the highest. I plead to the authorites and to both sides of our politicians to stump their foot down and say we had enough. Please act now and with determination and follow the procedures adopted by the Australian Government They have entered our country illegally and our soldiers risk their lives in going out to sea and bring them safely in. Then the Maltese taxpayer gives them clothing, shelter, food, medical, education, a monthly cheque, the majority of them moonlight, working illegally without paying any taxes or national insurance, and without having their monthly dole withheld, all at the expense of the hard working Maltese citizen who is making his best to make both ends meet; while our unemployment list gets more numerous every day.
And yet said illegals have the cheek in tongue to complain that the potatoes being served are too white.
J Farrugia
Dec 18th 2009, 07:15
Ungrateful invaders - instead of sending them back we give them the money to put us in the dock and lie about the treatment they are given. What do they pretend a first class restaurant? First class service. Not even us Maltese citizens have such services. Send them back packing.
Michael Borg
Dec 18th 2009, 06:49
I wonder who will pay court expense now !! if it was a maltese person he/she would have for for sure have to pay !! what ??????? is that discrimation ? noooo discrimation is 1 way only !!! Merry xmas !!!! opps !!! might be the last time i could say that as well!!!
so once again MERRY XMAS
Paul Borg
Dec 18th 2009, 03:16
@Trevor Lorenzo Mizzi:"There is news of famine in the horn of africa because of overpopulation and a people who choose not to grow food in their fertile land despite the warning they were given 25 years ago". This is confirmed in numerous UN and NGO reports..
There is in moral philosophy the concept of "misplaced compassion"i.e.in dealing with a problem in a certain way you open the way to creating even greater problems.
Since the problems of famine in the Horn of Africa in the '80s,the developed world has taken on the responsibility for feeding the people in that region and providing other aid.The effect has been that they have now become a"mendicant"people and have just about given up cultivating food for themselves in their own region and have become nearly fully reliant on foreign providers. This reliability of food supply and the other aid flooding the region has also brought about a huge population explosion: nearly doubling in just under 30 years.
Solution: Aid to overcome initial problem but after that directed aid and education to enable the people to help themselves:i.e. A HAND UP, NOT A HAND OUT.
Matthew Azzopardi
Dec 18th 2009, 00:40
the potatoes were too white...yeah right!
I M Dingli
Dec 18th 2009, 00:33
Oh, I thought they were fleeing persecution........ it seems though that they are only after sauce!!!
lgalea
Dec 17th 2009, 23:43
Good Job by Mr Justice Mallia.
They should not be granted asylum or and protection and be sent back to their own countries. They had to gall to claim a breach of their human rights when they were saved, fed and clothed at our expense. Get them out of here Gonzi.
Marcel Dingli
Dec 17th 2009, 23:31
What if the potatoes were darker and they complained. Would that then not be racist?
Charles Sammut
Dec 17th 2009, 22:32
"The migrants also complained about the quality of the food at the centre saying the potatoes were too white...."
A clear case of racism!
Edric Micallef Figallo
Dec 17th 2009, 22:31
I fully subscribe to what J Abela said below.
Carmen Zammit
Dec 17th 2009, 22:25
What cheek!!! These illegal immigrants are complaining about our potatoes!? I agree with Mr Mizzi - they should be sent back to their homeland, where they would be able to enjoy dark potatoes.
J.Abela
Dec 17th 2009, 20:35
Cheers for Mr. Justice Tonio Mallia for the judgement.
This proves that the work carried out by the AFM with these people is honourable, and goes against the neverending claims by foreign 'inspectors' who always allege that our country treats illegals below standard..
Trevor Lorenzo Mizzi
Dec 17th 2009, 20:35
"The migrants also complained about the quality of the food at the centre saying the potatoes were too white"
Are these invaders for real?
There is news of famine in the horn of africa because of overpopulation and a people who choose not to grow food in their fertile land despite the warning they were given 25 years ago, and these unwelcome visitors have the audacity to formally complain that the potatoes we the taxpayers provide for their nourishment are too white !!
Start the repatriations please, they can go and enjoy a bonanza of dark potatoes in their homeland.