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Illegal migrant wins compensation for arbitrary detention

The European Court of Human Rights has ordered the Maltese government to pay an Algerian migrant, Khaled Louled Massoud, €12,000 after finding that that he had been arbitrarily detained for more than 18 months.

The court heard that Mr Massoud arrived in Malta on 24, June 2006 without documents, having travelled by boat from Libya in an irregular manner. Upon his arrival he was served with a removal order and he was detained at police headquarters.

On June 28, 2006 he was arraigned in court charged with aiding, assisting, counselling or procuring other persons to enter or to attempt to enter Malta or having conspired to that effect. He was remanded in custody.

On 1 October 2006, pending proceedings, Mr Massoud made a late preliminary application for refugee status, which was considered by the Refugee Commissioner.

On 25 October 2006 the Court of Magistrates found Mr Massoud guilty and sentenced him to 18 months' imprisonment.

While in prison, on 17 April 2007, Mr Massoud made a formal application for asylum and was interviewed on the same day.

After serving his sentence, he was released from prison on 27 June 2007 and was placed in a detention centre pending the determination of his asylum claim.

ASYLUM APPLICATION REJECTED

The asylum application was rejected on 24 April 2007 and subsequently on appeal on 18 July 2007 as Mr Massoud had failed to provide convincing evidence that he would face a real risk or had a well-founded fear of persecution.

Mr Massoud remained in detention awaiting removal until 6 January 2009 when his removal order was lifted in view of the lack of prospects of his eventual deportation.

Mr Massoud claimed that the conditions of detention in Blocks C and B had been inappropriate. Both facilities had been overcrowded, particularly in the summer months, with inadequate sanitary and other facilities, limited medical care, no possibility of constructive activities and limited recreational opportunities. He made reference to reports of the CPT, the Council of Europe Human Rights Commissioner and the LIBE Committee of the European Parliament documenting such conditions.

Mr Massoud submitted before the European court that his detention for more than 18 months after the determination of his asylum claim had been arbitrary, unlawful and not in compliance with the requirements of the European Convention on Human Rights as established in the court's case-law.

He submitted that the duration of his detention had been excessive and not determined by an assessment of the effective possibility of return but by a pre-established policy which applied independently of the individual circumstances of the case.

Moreover, while in detention he had never been approached by the immigration authorities about the subject of his removal or informed of the stage of the removal procedure. Neither had the government demonstrated in any way that removal proceedings had been undertaken with due diligence. Indeed, in 2010, although released from detention, he was still in Malta.

The Government submitted that from June 27, 2007 to January 6, 2009 Mr Massoud had been detained for lawful reasons, and the12 -month limit started to run from the date when an individual applied for asylum. Thus, the asylum claim having been decided on July 18, 2007, the decision was taken within the one year time limit provided by European law.

Furthermore, Mr Massoud had ceased to be an “asylum seeker” on July 18, 2007. However, even if this were not the case, the government argued that access to the labour market did not entail freedom from detention, as both were not incompatible.

The government further submitted that its policies on detention were reasonable in respect of duration considering the intricate problems involved in the removal of undocumented immigrants. The applicant's allegation of a blanket application of these policies to all immigrants was untrue as Malta had no desire to keep irregular immigrants in detention on its territory if it could repatriate them. However, this proved difficult because of the lack of cooperation between immigrants and their countries of origin.

Moreover, the government argued, individuals did have the possibility of review by an independent judicial authority, with the assistance of legal counsel. Furthermore, conditions of detention were adequate considering the large influx of migrants on such a small island which had limited financial and human resources.

The government pointed out that Mr Massoud had landed in Malta without any documentation and although his nationality and identity had been established, it had not been possible to arrange his removal. The police had unsuccessfully tried to obtain travel documents for the applicant from the Algerian authorities through the intervention of the Ministry of Foreign Affairs. Moreover, Mr Massoud had not shown any interest in being repatriated or sent to another destination.

Thus, the government submitted that his detention of 18 months (in accordance with government policy) pending removal had been due to the applicant's lack of cooperation and had therefore been necessary, justified and not excessive.

COURT OBSERVATIONS

The court observed that after he served his sentence, Mr Massoud was transferred to a detention centre and detained “with a view to deportation”.

It followed that the period of detention to be considered for the purposes of this complaint was that from June 27, 2007, the date when the applicant was placed in a detention centre pending the processing of his asylum claim, to January 6, 2009, when he was released.

The duration of the detention therefore amounted to 18 months and nine days.

The court noted that the entire duration of the detention was subsequent to the rejection of his asylum claim at first instance, on April 24, 2007, and that the final decision on his asylum claim was delivered three weeks after the commencement of his detention in the detention centre.

The court said that it found it hard to conceive that in a small island like Malta, where escape by sea without endangering one's life was unlikely and fleeing by air was subject to strict control, the authorities could not have had at their disposal measures other than Mr Massoud's protracted detention to secure an eventual removal in the absence of any immediate prospect of his expulsion.

"In the light of the above, the Court has grave doubts as to whether the grounds for the applicant's detention – action taken with a view to his deportation – remained valid for the whole period of his detention, namely, more than eighteen months following the rejection of his asylum claim, owing to the probable lack of a realistic prospect of his expulsion and the possible failure of the domestic authorities to conduct the proceedings with due diligence."

The court noted that the Malta Immigration Act applied no limit to detention and that the government policies have no legal force. In consequence, the applicant was subject to an indeterminate period of detention. In such circumstances the necessity of procedural safeguards becomes decisive.

However, the court had already established that the applicant did not have any effective remedy by which to contest the lawfulness and length of his detention and the government had not pointed to any other normative or practical safeguard.

"It follows that the Maltese legal system did not provide for a procedure capable of avoiding the risk of arbitrary detention pending deportation."

The court said that such considerations were sufficient for it to conclude that the national system failed to protect Mr Massoud from arbitrary detention, and his prolonged detention could not be considered to have been “lawful”.

The full text of the court decision can be found at

http://cmiskp.echr.coe.int/tkp197/view.asp?item=8&portal=hbkm&action=html&highlight=&sessionid=57469235&skin=hudoc-en

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Sean Grima

Jul 30th 2010, 18:34

the fact that some immigrants have acted violently in no way should lead to a conclusion that all immigrants be denied the right to ask for asylum.

Sean Grima

Jul 30th 2010, 09:04

don't we consider ourselves to have higher standards than those in africa?!

don't try to ridicule immigrants: these people are not after 5 star hotels, they are after a basic decent lifestyle and peace of mind.

Sean Grima

Jul 30th 2010, 09:02

of course, the only food in the bin was that thrown away by those kids!

Sean Grima

Jul 29th 2010, 14:58

i have already referred to the specific laws

Charlene Giordimaina

Jul 30th 2010, 17:14

In which comment? Because all I saw was "that's what the law says". You haven't specified in which Act we can find such "laws"; I'll be interested in seeing them.

Sean Grima

Jul 29th 2010, 13:05

ghandu biex jiftahar.

COLIN STANLEY

Jul 29th 2010, 16:18

I think people should see this clip. I cannot understand certain politicians,siding with these people, you see them in many cities, the same thing, organised BEGGING, then in the evenings they are all rounded up , till the next day, in Paris most of them have started to have little children, or a puppy with them, to play on your emotions.

Sean Grima

Jul 30th 2010, 09:06

enjoy your pension and a walk along the sliema front, mate

Felix Ebejer

Jul 29th 2010, 11:59

FRANK MERCIECA no frank. He was legally detained after illegally entering our country, he was found guilty and condemned for human trafficking, and the government should appeal and not pay him anything but charge him all the expenses that had to be incurred because of him and his actions.

Joe borg

Jul 29th 2010, 12:02

"The law is an ass, and it's makers are it's parents".

Sean Grima

Jul 29th 2010, 13:08

two wrongs never make a right: the fact that he was here illegally, since his application was turned down, does not mean he can be detained arbitrarily.

t. borg

Jul 29th 2010, 11:11

drittijiet ghal barranin u le ghal maltin

Sean Grima

Jul 29th 2010, 11:20

the reality is that the law grants the right to seek asylum to all immigrants.

P. Borg

Jul 29th 2010, 11:36

U iva Sean, same old story, hadtilna rasna. Lilna ghidilna x'vantaggi ghandha Malta, jekk hux qed naghmlu income jew expenditure, profit jew loss. X'futur fih investiment jekk dejjem tohrog il-flus u qatt ma iddahhal xejn lura? L-istess dawn l-immigranti, Malta tonfoq u huma jarmu. Inti ghamel haga - hudhom id-dar u ara kif tmur. Ara tkunx kuntent jew indejjaq wara erbat ijiem, ara jifdallekx lira mill-paga imbaghad ejja ghidilna.

Sean Grima

Jul 29th 2010, 13:04

laws still apply even if "financially" they have negative implications. we do not only do what benefits us, but what is right.

Mark Galea

Jul 29th 2010, 10:11

@colin stanley
s grima might be a lone ranger, but the same people against illegal immigrants wave flags either in PN or PL meetings ... and we all know the stand of both parties ...

Charles Vassallo

Jul 29th 2010, 10:38

No longer Mr Galea. Our families answers will be on our votes.

colin stanley

Jul 29th 2010, 10:47

@.M. Galea. I agree with you 100%, but I won't make the same mistake twice. I will vote for someone else, even if it's a wasted vote.

Mark Galea

Jul 29th 2010, 10:07

@I M Dingli and others
Making a fuss against immigrants will lead no one anywhere. Malta is part of the EU and EU has its laws. Malta must observe them. Also, whether you like it or not, social laws are there to help everybody. As in every country, there is a percentage of ultra-nationalistic persons who normally have little effect. However, when elections are near, and the result is very close, when the economy is not so rosy, politicians use these deeply set feelings to gain that last mile. So my friends, you are being used by politics for their end. So, for those trying to get that extra political edge, PN is pro EU and observes EU's laws. PL is now even more pro EU and part of Socialist international. What is left? There is no party for the ultras.

Sean Grima

Jul 29th 2010, 08:33

don't be demeaning towards missionaries, of course traffickers cannot be considered as missionaries!

Sean Grima

Jul 29th 2010, 08:31

1. I do work.

2. Read all the Immigration Act and the Refugees Act. Article 14((5) of the former states that:
"Nothing in this article shall preclude or prejudice the application of Maltese law on the right to asylum and the rights of refugees and of Malta’s international obligations in this regard."

Sean Grima

Jul 28th 2010, 16:00

of course, but you have no right to tell others not to comment!

Emmanuel Ebejer

Jul 28th 2010, 18:39

That's exactly what you've been doing all along!!

Sean Grima

Jul 29th 2010, 11:23

i have never said that anyone does not have the right to express an opinion. however, an opinion is not necessarily right.

Sean Grima

Jul 28th 2010, 15:57

look it up if you are so interested

Sean Grima

Jul 28th 2010, 15:58

kollu diskors fil-vojt. the law is what it is.

Joe Camilleri

Jul 28th 2010, 17:42

Tell us your law qualifications grima. Nil, Nada, Zero. Those are your law qualifications. You can interpret the law the same as a street cleaner.

Sean Grima

Jul 29th 2010, 08:34

i am still waiting for you to come up with a legal argument to counter mine. of course, spare your efforts, as there is none.

P. Borg

Jul 29th 2010, 11:10

Il-ligi miktuba fuq karta Sean imma min ibghati jaf xi jfisser. Il-ligi tghidlek toqtolx imma hawn min qatel u haddiehor bata minhabba dan. Il-ligi tghidlek li meta tidhol f'pajjiz trid taghddi min ghand l-awtoritajiet u jkollok id-dokumenti necessarji. Ma jidhirlix li nista naqbad daghjsa jien u nivvjagga sa l-amerika meta jfettilli, qas f'pajjizi ta l-EU stess ma nista nghamel hekk ahseb u ara. Anke meta nmur ghawdex irrid naddi mill-iccekkjar tal-gozo channel ahseb u ara.

Sean Grima

Jul 29th 2010, 13:09

yes, you can apply for asylum if you reach america illegally.

Sean Grima

Jul 28th 2010, 15:59

you seem to be forgetting that he was compensated because of the violation of a fundamental human right. unless a fundamental human right is violated at the restaurant, you will not get any compensation.

Joe Bugelli

Jul 28th 2010, 17:45

What human right Sean Grima? The right to HumanTrafficking? The right not to collaborate with the immigration authorities? The right to enter into another country illegally?

Sean Grima

Jul 29th 2010, 08:37

the right not to be detained arbitrarily.

Anthony Zerafa

Jul 29th 2010, 09:47

Sean Grima we have the human rights to be safe in our country, not to be invaded by your illegal immigrants, not to have our taxes wasted on your illegal immigrants, not to allow illegal immigrants to have precedence at health clinics and hospital, not to be exposed to dangerous illnesses carried by illegal immigrants, not to have no go areas as evidenced by a police inspector in court, not to expose our soldiers to un-necessary danger to save irresponsible illegal immigrants.....

Anthony Zerafa

Jul 29th 2010, 09:50

Mr Grima he was not detained arbitrarily but according to our law which youi are so fond of quoting. If they don't want to be detained then they should not come here illegally.

P. Borg

Jul 29th 2010, 11:05

What human right Sean? Il-human rights ejja staqsih lil xi suldat meta jghidlek li ghax tah il-halib tal-bott flok tal-pakkett ghal mat-te, l-immigrant qam u tefahhulu ghal wiccu. Jew li jhallu xi zewg tazzi halib fix-xemx halli l-ewwel suldat li jaraw jitfawh ghal wiccu. Nissugerilek taghmel imqar gurnata flok dawn il-haddiema Sean u issir taf xi jfisser. Ghamilt hames snin maghhom u tghoddhom fuq subajk kemm kien hemm edukati u nies sew minnhom.

Kont taf li il-gvern ghandu kuntrattur tal-catering igibilhom breakfast, lunch u dinner? Kont taf li ghandu kuntrattur iehor igibilhom platti, tazzi, frieket u skieken tal-plastic kuljum biex ikollhom kollox nadif? Kont taf kemm jiswew lil Malta dawn is-servizzi, apparti mobile toilets, televisions etc? Ma nahsibx mela halli lil min jaf jghidlek ghax dawk jghixu ahjar minna u ma jmorrux jahdmu. Huma jiksru il-ligi u ahna intuhom premju.

Paul Catania

Jul 29th 2010, 12:30

P. Borg u kemm-il darba ppruvaw iferu lis-suldati taghna bi hgieg, fliexken imkissrin, jobzqulhom, igarawhom l-urina u l-hmieg taghhom, iqabbdu s-sodod mad-dawl halli malli jmorru s-suldati jaghmlu spezzjon joqtluhom, kemm ghamlu skieken minn bicciet tal-hadid, kemm harqu u kissru, marru jattakkaw dar ta' spettur Hal-Luqa u hafna affarijiet li jaghmluhom biss is-slavag. Dawn tridu jintegraw maghna? U mela le!

Tony Gatt

Jul 29th 2010, 12:47

Tghid mhux hemm nibqghu Paul Catania. Ma rridu lil hadd minnhom jibqa' hawn Malta u jkollhom jitilqu bilfors.

Sean Grima

Jul 29th 2010, 13:13

perhaps you can enlighten us as to how you are going to do it in practice

Charlene Giordimaina

Jul 29th 2010, 14:22

*Clap hands* *Clap hands*

Sean Grima

Jul 29th 2010, 14:10

i suggest that we leave the interpretation of the convention to the judges who are experts in it.

P. Borg

Jul 29th 2010, 11:16

In fact, YOU DON'T REALLY CARE ABOUT YOURSELF - ACTUALLY ABOUT YOUR COUNTRY ABOUT YOUR PEOPLE - who I believe should be the maltese who grew you up and not the africans. Li ma kienux il-maltin ta qablek li firxulek is-sodda kieku mghandekx il-lussu illum li tiddefendi lil dawn. Haddiehor hadem biex jifrex is-sodda lilek ghax int malti u int tarmi kollox u ittih lil barranin li wara kollox ghalihom mint xejn hlief xi hadd li jridu jisfruttaw. Haqqek capcipa!!!!!!! Li kont minnek nidhol fin-negozjati ghal bejgh ta Malta.

Sean Grima

Jul 29th 2010, 14:07

nonsense. i repeat for the umpteenth time that maltese law grants immigrants the right to seek asylum.as simple as that. it is not "selling" the country, except in the opinion of diehards.

Paul Debattista

Jul 28th 2010, 17:51

Then they should all be changed to provide for the expulsion of all illegal immigrants the moment they set foot on Malta Grima

Sean Grima

Jul 29th 2010, 13:13

LOL

Sean Grima

Jul 28th 2010, 13:31

the right to asylum is granted by the Immigration Act.

Sean Grima

Jul 28th 2010, 14:17

ah yes, i was in africa on missionary work and on a short holiday too. in spite of the excruciating poverty you see, i must admit that most of the people i met were extremely kind and welcoming.

Joseph Busuttil

Jul 28th 2010, 17:53

Then go back and help them there and see where the 50 billion US$ that have been sent for many many years to Africa end up Sean

Sean Grima

Jul 29th 2010, 14:15

valid point, they certainly did not trickle down to the people you would like to send back to continue living in misery.

J. Grima

Jul 29th 2010, 15:59

@ Sean Grima

If you are the Sean Grima that I vaguely know, the one who went to St. Edwards College, then I can merely state that you do not know what REAL hard working Maltese citizens will be facing if this illegal immigration scam continues to flourish in the forthcoming years.

Sean Grima

Jul 30th 2010, 09:01

hawn izjed minn hmar wiehed :)

Stanley Caruana

Jul 28th 2010, 12:30

I and my families who are politically mixed shall as from the next election only vote for a party that promises to take us out of the EU, get rid of all illegal immigrants in Malta, revoke citizenship given to foreigners who married in a marriage of convenience and prevent foreigners from working unless they are married to a Maltese citizen. The PLPNAD alliance can forget our votes. You asked for it and you shall get it.

Sean Grima

Jul 28th 2010, 13:32

in practice, you shall not be voting for anyone, or for a minority party.

Stanley Caruana

Jul 28th 2010, 14:51

Don't count your chickens before they hatch Grima

Charles Sammut

Jul 28th 2010, 15:33

That is how minority parties become a force to be reckoned with.

Sean Grima

Jul 28th 2010, 16:01

yes, like AN did!

Jane Sammut

Jul 28th 2010, 18:04

Mr Stanley Caruana, that is exactly what our families which similarly are politically mixed have decided. This is the only way forward to end the political scam which politicians are continuously pulling on us.

Tony Bartolo

Jul 28th 2010, 18:22

Mr Stanley Caruana, that's an excellent idea which we will be certainly be discussing in our families.

Amanda Catania

Jul 29th 2010, 09:53

Very good advise Mr Caruana. We discussed this issue with our families and decided that we will do so until the political parties promise to do exactly what you have said. Spread the word around with all your families and friends. This is the only way to change things. Show the politicians that they are our servants not masters.

Sylvia Sammut

Jul 29th 2010, 12:10

Mr Caruana, yesterday I discussed this with my husband because we are extremely worried with having thousands of illegal immigrants about whom we don't know anything running around in our streets. We consider them all as a threat to ourselves and our children. So yes, we discussed this between ourselves and will also do so with the rest of our families and agree with your suggestion. The politicians shall get our answers on our vote.

Sean Grima

Jul 29th 2010, 14:13

seems a lot of people are plain paranoid. they are worried about african immigrants, because their skin colour makes them easy to identify, without realising that people are not dangerous or otherwise based on skin colour.

Sean Grima

Jul 28th 2010, 12:08

don't you think that if there was a jurisdiction issue, the legal minds involved would have considered it?

Joseph Vassallo

Jul 28th 2010, 14:49

@ Sean Grima: Do they always?

Sean Grima

Jul 28th 2010, 16:01

yes

Sean Grima

Jul 28th 2010, 12:04

age is irrelevant.

saying that the consitution has been drafted to protect malta's interest is a vague statement with no legal meaning.

i repeat, that whether anyone like it or not, the law protects the right to seek asylum.

Paul Muscat

Jul 28th 2010, 13:18

Sean Grima, seeing that you always say that the law say this and the law says that you have been specifically asked many times by various correspondents to tell them what are your qualifications in law especially international law, but you never give an answer. So my guess is that you simply make up what you think is the law and not what the law actually is.

Sean Grima

Jul 28th 2010, 13:59

you are free not to believe me. if so, go and do some research.

lgalea

Jul 28th 2010, 12:04

Muscat Pat you are wrong. We can still have another referendum and get out of the crap eu. It only needs people to shout and keep shouting for it. Do not believe those who tell you that we cannot or that it's not in our interest to leave or that it has been decided once and for all or that we should not rock the boat or that we will loose credibility etc etc. Have a look at this European Parliament video of how we can get out of the crap eu and get rid of all our problems especially those created by illegal immigrants.

See the video Pat.
http://www.europarltv.europa.eu/YourParliament.aspx?action=viewVideo&packageid=f5077c6b-3b92-4a1f-8271-c7a49c3bc6e8

Sean Grima

Jul 28th 2010, 13:33

ah, how lawrence wishes for another referendum! THAT is his real agenda: a second beating!

lgalea

Jul 28th 2010, 14:46

Sean Grima why not try it and see Sean? Come on don't be a CHICKEN.

Sean Grima

Jul 28th 2010, 16:04

the ball is in your court, the present situation is to my liking.

lgalea

Jul 28th 2010, 18:14

But it's not to the liking of more than 80% of respondents to the poll Sean Grima. Patience Sean, patience for the right time.

Sean Grima

Jul 29th 2010, 15:17

ah, you really need to be patient to wait for a day which will never come!

Sean Grima

Jul 28th 2010, 12:09

whether they entered illegally or not, they have a right to seek asylum - granted to them by maltese law.

P. Borg

Jul 29th 2010, 11:18

Ipprova idhol il-libya illegalment u ara jirnexxilekx tapplika ghal asylum imbaghad kellimna.

Sean Grima

Jul 29th 2010, 14:14

of course not, libya does not grant the right to asylum.

lgalea

Jul 28th 2010, 11:23

Sean Grima the ECHR does not but we are lumping the illegal immigrants because the eu orderef EFA in 2002 to repeal the reservations that the Government had made when it signed the Refugee Convention and ordered him to apply the eu Dublin II Convention which prevents us from allowing the illegal immigrants to continue on their way to other eu countries and we have to keep them here.

KSciberras

Jul 28th 2010, 11:44

Sean Grima,

How old are you? Do you have a job? If so, I do not think you mind paying the 12,000 all by yourself since you are so eager and fervent to defend these so called human rights for illegal immigrants. Mr. Grima, have you heard of Al Qaida? Have you heard of sleeper cells? Are you aware some of these people are economic "refugees"? Some of them are criminals?

FYI my best man was African-american so I hold no rascist feelings. I do feel Malta with its limited resources is heading to an economic crisis regardless who is in power if something is not done to curb the excesses and wastes going on in this country.

Sean Grima

Jul 28th 2010, 12:05

whatever.

Joe Bugeja

Jul 28th 2010, 13:22

I posted a question and this reminder to you yesterday, but you still haven't answered.
Sean Grima, you have not answered my quesion.
What are your qualifications in law?
No answer means that you don't have any.

Sean Grima

Jul 28th 2010, 14:01

my qualifications are irrelevant: what is relevant is whether what i am stating is true or not. you have still not quoted any counter-legal argument, as, in fact, you cannot deny the existence of the right to seek asylum.

Paul Brincat

Jul 28th 2010, 18:19

Others have already answered you many times Sean Grima but you continuously refuse to listen. The right of asylum is only in the first country which is not their own. They crossed many countries and have been living in Libya for years on end and they are simply economic migrants. If they were in any threat to their lives they would not have gone to Libya and stayed there for years.

John Pace

Jul 28th 2010, 18:28

Of course they are relevant Mr Grima, because if you have not studied law you cannot understand and interpret it. Otherwise there would be no need for lawyers.

Sean Grima

Jul 29th 2010, 08:41

1. rather than questioning my qualifications, you should be doing your research to come up with counter-legal arguments. i still have not heard one.

2. the right to asylum applies in the first safe country. not all countries are signatories to the UN convention, and not all (including Libya) are safe. if that were the case, the Refugees COmmissioner would refuse all asylum applications. or will you also be questioing the credentials of the commissioner?

Stanley Caruana

Jul 29th 2010, 12:32

If you are qualified why are you hiding your qualifications Mr Grima

Sean Grima

Jul 29th 2010, 14:16

i am waiting for your counter arguments.

Sean Grima

Jul 28th 2010, 10:58

who do you think you are to order her about? doesn't she have a right to express her opinion as much as you do?

Joseph Busuttil

Jul 28th 2010, 11:02

And who do you think you are to tell us to keep lumping illegal immigrants Sean Grima?

bryan sullivan

Jul 28th 2010, 11:12

surprise surprise mr. grima...............mr ebejer also has a right to express an opinion which incidentally is shared by the VAST MAJORITY OF MALTESE !

Josephine Callus

Jul 28th 2010, 11:12

No Mr Grima. She has no right to interfere in our affairs and should look at what happens in her own country. The illegal immigrants are a threat to us and our children and a threat to our security. When is Dr Gonzi going to expel all illegal immigrants from Malta? Remember election time is getting nearer and nearer Dr Gonzi.

bryan sullivan

Jul 28th 2010, 11:12

surprise surprise mr. grima...............mr ebejer also has a right to express an opinion which incidentally is shared by the VAST MAJORITY OF MALTESE !

Sean Grima

Jul 28th 2010, 11:15

it is maltese law which grants all migrants the right to seek asylum, not me.

Joe Borg

Jul 28th 2010, 12:02

so why don't they do it the proper way - and send documents beforehand -

and no just present them self to us on a piece of wood in the middle of the sea - manipulating the mercy perhaps!

Sean Grima

Jul 28th 2010, 12:06

she is expressing an opinion, not interfering.

i did not say emanuel ebejer does not have a right to express his opinion, i said that she has a right TOO!

Joe Bugeja

Jul 28th 2010, 12:08

Dr Gonzi had better change it

Jane Galea

Jul 28th 2010, 12:11

lgalea is correct Mr Sean. It is EU law, the Dublin II Convention which the EU made Dr EFA and Dr Gonzi implement that is making us keep all the illegal immigrants in Malta.

Sean Grima

Jul 28th 2010, 13:34

The right to seek asylum is granted by the Immigration Act. If it was changed because of the EU, that is yet another benefit of EU membership!

T Camilleri

Jul 28th 2010, 14:49

Sure it is another benefit Mr Sean Grima. For the human traffickers and for those who seek cheap labour.

Sean Grima

Jul 28th 2010, 10:57

ok, perhaps we should amend the law to say that compensation should not be paid to migrants for violation of their human rights? or should we go the whole way and say that human rights do not apply to migrants?

Paul Muscat

Jul 28th 2010, 11:03

We should scrap all refugees laws Sean Grima because they are being abused left right and centre by your friends.

Joe Borg

Jul 28th 2010, 11:09

before shoving in Human rights pls come up with a solution for our particular situation involving migrants -

I trust you agree that ppl coming in with no documents on a boat from Libya are not be allowing running around our island - else then we push forward our basic human right for security and peace -


who tells you, these ppl are no terrorist, criminal and whatever - they have no documents to prove anything --

this human right thing is becoming a joke, read somewhere else that an alleged drug trafficker was released from prison, (he was in there because he violated his bail conditions) because our courts were in breach of his human rights.

http://www.timesofmalta.com/articles/view/20100728/local/detention-breached-human-rights

Joe Borg

Jul 28th 2010, 11:13

and i also do believe that your are bending this human right thing -

is someone enters illegal in your property, you are saying you have no right to defend and protect yourself, because you may go against one of the intruder's human right -

come on - let's get practical

Sean Grima

Jul 28th 2010, 11:18

maltese law grants all migrants - even those arriving with no documents on a boat from Libya - the right to seek asylum and protection of fundamental human rights.

Sean Grima

Jul 28th 2010, 14:04

x'ghandu x'jaqsam? of course, you have a right to defend yourself if you are attacked - i cannot understand what this has to do with the case at hand.

Joe Borg

Jul 29th 2010, 10:09

Mr Grima, you have confirmed many times over that as the saying goes "The law is an ass, and it's makers are it's parents".

Sean Grima

Jul 29th 2010, 14:17

could be, but it is what it is.

Sean Grima

Jul 28th 2010, 10:55

everyone has a right to seek asylum: whether he is entitled to or not is decided by the refugee commissioner. the fact that the decision is negative does not mean that he can be detained arbitrarily.

Joe Borg

Jul 28th 2010, 12:04

i read somewhere it is DR Micheal Cammilleri

Sean Grima

Jul 30th 2010, 09:07

are you proposing to hound him?!

Kevin Formosa

Jul 28th 2010, 10:59

A detailed analysis of the comments show that the Maltese are fed up of people like yourself and these so called NGO's and Catholic Groups whom pretend they are chosen for some kind of missionary work with these Klandestini.. You can accomplish your mission, no problem mate, but on their soil not ours.....

Sean Grima

Jul 28th 2010, 11:21

the "klandestini" are entitled to seek asylum, and remain in maltese whilst their case is being heard, according to Maltese law, not some decision by the NGOs

Frans Buttigieg

Jul 28th 2010, 11:34

Mr Kevin Formosa the Catholic Church is going to lose a lot more of its faithful if it continues in its stance in favour of illegal immigrants and does not reign in the JRS.

Tommy Cassar

Jul 28th 2010, 10:48

Sean Grima Maltese are not illegal immigrants in their own country.

Sean Grima

Jul 28th 2010, 11:00

the law protects everyone's human rights, irrespective of whether s/he is here legally or illegally.

John Gatt

Jul 28th 2010, 11:05

We do not care a hoot about the illegal immigrants Sean Grima and we want them OUT OF MALTA.

Sean Grima

Jul 28th 2010, 11:23

i know you do not care a hoot. thankfully, they are protected by maltese law.

Kevin Formosa

Jul 28th 2010, 10:34

Who the 'Fish' are you to speak to us about respect?!?!?? Where are you from? Your country does not help our island by taking some off here!! What about the burden sharing your much acclaimed EU has spoken about in the past!! We are left alone in the middle and have to fight for our own....

Michael Gatt

Jul 28th 2010, 10:55

Why don't you tell your own government to take all the illegal immigrants to your country Vasilisa Brandenburg and stop interfering in our internal affairs.

George Fenech

Jul 28th 2010, 12:18

How about keeping them all at your own home at your own expense Vasilisa Brandenburg? Put into practice what you preach Vasilisa Brandenburg. Or is that so hard to do Vasilisa Brandenburg?

Sergio Vassallo

Jul 28th 2010, 10:37

Iva Surf Gino Caruana. " The applicant was represented by Dr Michael Camilleri, a lawyer practising in Valletta." Funny that the original link is no longer working, but I downloaded the judgment yesterday.

The new link is
http://cmiskp.echr.coe.int/tkp197/view.asp?item=8&portal=hbkm&action=html&highlight=&sessionid=57494871&skin=hudoc-en

Also have a look at these links
http://cmiskp.echr.coe.int/tkp197/view.asp?item=2&portal=hbkm&action=html&highlight=24340/08&sessionid=57494192&skin=hudoc-cc-en
Statement of facts

http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=24340/08&sessionid=57494509&skin=hudoc-cc-en
Statement of facts 2

Main site for recent case links
http://cmiskp.echr.coe.int/tkp197/portal.asp?sessionId=57494871&skin=hudoc-en&action=request

Sean Grima

Jul 28th 2010, 11:01

if they have no electricity it is because they haven't paid a bill, not because they are single with kids.

John Gatt

Jul 28th 2010, 11:09

It's because they cannot afford to pay it Sean Grima and that means that they must be helped because their parents and even themselves have paid tax in Malta and not helping illegal immigrants who have never paid a single euro cent to Malta and have the arrogance not only to continue imposing themselves upon us against our wishes but have the gall to sue us. No Mr Grima, as someone else said give them all the order of the boot and never let any illegal immigrants land in Malta. Push them all back to Libya.

Sean Grima

Jul 28th 2010, 11:22

that would be in violation of the same maltese law you are shouting about.

Paul Debattista

Jul 28th 2010, 12:15

Mr Sean Grima, as others have said change the law so that they will be expelled and not allowed a single moment on Maltese soil.

Tony Zammit

Jul 28th 2010, 12:20

As the song goes, change it dear Sean, change it.

Sean Grima

Jul 28th 2010, 16:02

no sensible govenrnment will deny the right to asylum.

Carmelo Briffa

Jul 28th 2010, 10:33

Naqbel mighek 100%. Sur Camilleri.
Meta ser ikolna partit politiku li johrogna min din in-nassa li dahluna fiha.
Karmnu.

Joe Gauci

Jul 28th 2010, 10:45

Carmelo Briffa meta l-poplu jwassal il-messagg tieghu billi l-ewwel jivvota imbghad jikteb il-messagg fuq il-vot. Hekk biss jifhmu l-partiti politici qaddejja fidili tal-barrani. Il-messaggi ghandhom jitwasslu mill-ewwel elezzjoni li jmiss tal-Kunsilli Lokali u jibqghu sejrin hekk sakemm jisimghu ghax issa qed jistennew li l-poplu jqum u jaghmel xi wahda kbira li tibqa' tissemma ghax issa kulhadd imdejjaq u mxabba mill-klandestini u mill-politici u l-rodnijiet minn barra.

g.c.Forte

Jul 28th 2010, 11:10

Naqbel maghkhom 100 %. L- ewwel ma ghandu jghamel il poplu hu li jinjora il granet ta l-imsejha indipendenza 21 ta settembru 1964, ghax ma ghadnhiex indipendenti. Dik li suppost hija ir republika, 13 ta dicembru 1974, ghax ma ghadnhiex Republikani B` Kostituzzjoni taghna,u aktar u aktar jum il helsien 31 ta marzu 1979, ghax min jghejd li ahna hielsa, ikun qeghed jghejx fl-akbar gidba.( ma uzajx " capital letters " apposta, ghax ghalija dawn il granet spiccaw f` mejju tat 2004 ), meta l - Ewropa hakmitna taht idejha.

lgalea

Jul 28th 2010, 11:20

Carmelo Briffa go to the CNI website at http://www.cnimalta.org/Petizzjoni%20Popolari.pdf and download the petition for the government to take concrete action to stop illegal immigration to our country, sign it and get your families and friends to sign it and send it to the CNI at the address on the main webpage www.cnimalta.org. This is what the petition says

Petizzjoni Popolari kontra l-immigrazzjoni illegali
Popular Petition against illegal immigration
Aħna ċ-ċiittadini Maltin nappellew lill-Parlament Malti jieħu azzjoni konkreta
mingħajr aktar dewmien ħalli titwaqqaf l-immigrazzjoni illegali f’pajjiżna.
We Maltese citizens appeal to the Maltese Parliament to take concrete action
without any further delay to stop illegal immigration in our country.
Karta ta’ identita’ Firma
Identity Card Number Signature

Sean Grima

Jul 28th 2010, 12:07

laws are not changed by petitions or online polls.

Paul Catania

Jul 28th 2010, 12:37

Sur g.c.Forte, jekk tara l-attendenza li jkun hemm tara li l-poplu qed jinjorahom ghax jaf li tilifhom u m'hemmx x'ticcelebra.

lgalea

Jul 28th 2010, 12:41

That's what you think Sean.

John Pace

Jul 28th 2010, 12:44

So are you in favour of continuing illegalities by the illegal immigrants and the human traffickers and loss of life Mr Grima?

Paul Brincat

Jul 28th 2010, 12:45

Not directly, bit if politicians disregard online polls and petitions they do so at their political peril Mr Grima.

Jeffrey Spiteri

Jul 28th 2010, 14:56

Mr g.c.Forte, nassigurak li Mintoff kien ikollu iktar nies meta kien jaghmel xi corner meeting milli qed ikun hemm nies f'dawk l-okkazjonijiet li semmejt.

Sean Grima

Jul 28th 2010, 16:03

no, i am in favour of allowing all those whose seek asylum to have their case heard. if it is rejected, they can then be deported.

T Camilleri

Jul 29th 2010, 12:20

Ksciberras slight correction, www.sibnalqieghuqedinkomplunhaffru.com

Kevin Formosa

Jul 28th 2010, 10:19

Dak li jigri meta jkollok gvern bazwi u joqghod ghall kollox habib....ifhimni!!!

Sean Grima

Jul 29th 2010, 14:15

AN's debacle does not seem to have taught people a lesson.

Joe Borg

Jul 29th 2010, 10:10

wayne criggs our interest is to get rid of them and not integrate them within Maltese sociwety and that is what we are gonna do.

Sean Grima

Jul 29th 2010, 14:13

how, exactly?

J. Grima

Jul 29th 2010, 14:26

@ Wayne Criggs

What Afro-Maltese? Who appointed you National Anthropologist of Malta? These people were not brought here as slaves, as is the case of the Afro-Americans who has have every right to live there.

These illegal immigrants come here with no documentation and a nice script, all claiming to be Somali refugees who have been driven out their war ravaged country. We can not believe all that they say and give them the right to bleed us dry of our money and live in our country. Malta, and Europe, has it's own problems right now, and the millions that are going to these illegal immigrants are not being invested into a future profit but rather going down the drain or back to their families in Africa. So Mr. Criggs I would like to ask you to stop speaking nonsense and think about your own, and your country's future unless you don't to end up as a slave in your own country!

Sean Grima

Jul 29th 2010, 15:05

wayne would be referring to children born to maltese and african parents, a number of which already exist.

J. Grima

Jul 29th 2010, 16:16

@ Sean Grima

Oh so now these handful children make up a community ay? So now you are segregating them and calling them Afro-Maltese. Paving the way to failure Mr. Grima, I think that is what your job is.....

Sean Grima

Jul 30th 2010, 09:06

calling them afro-maltese is not denigrating them in any way. it is your attitude towards them which is an attempt to do so.

Kevin Formosa

Jul 28th 2010, 10:17

@ Kenny.... By any chance u're one of them?

Salvinu Vella

Jul 29th 2010, 12:41

Being one of them no one ever doubted that you would agree Kenny Ogunyemi

Sean Grima

Jul 29th 2010, 14:09

one of whom ? monkeys?

J. J. Borg

Jul 27th 2010, 20:18

Agreed. Too many use the excuse that we are a small, over-populated country to justify mistreatment of those who enter the country illegally. In another country, those responsible for this incident would be prosecuted. But this is Malta.

kenneth camilleri

Jul 27th 2010, 20:39

is this Susanne Herold from CDU party of Germany........

Franco Xuereb

Jul 27th 2010, 20:45

With reference to your comment, please feel free to make arrangements with our respective governments to take all the illegal immigrants from Malta to your respective country, where that may be and thus then we see how your fellow citizens acts......................

d. borg

Jul 27th 2010, 21:24

If you're so concerned why don't you take them to your country, whichever that may be?

Joe Borg

Jul 27th 2010, 22:24

Susanne Herold the shame is on you and the ECHR for supporting this illegal immigrant who should not have come here in the first place. The Prime Minister should make sure that no illegal immigrant is allowed to enter Malta, if they succeed to land in Malta they are expelled forthwith and expel all those who are already in Malta. This is getting too much beyond a joke.

T Camilleri

Jul 27th 2010, 22:25

Why don't you get lost suzanne?

Albert Sciberras

Jul 27th 2010, 22:39

Please mention, your country, and one case were these were treated like animals.

anthony mangion

Jul 28th 2010, 00:04

dear susanne herold,why is it someone like you dont understand that these men come without any documents,they know its illeagal like being kept over 18monthsis .these men want the cake and eat it .why dont some like you dont take these men feed them and offer all servieses we pay from our taxes from your own pockets.where are the european court of human rights when it comes to a country like ours being drained of money whic european contry help us to treat them better??????? you know whereshame is whe you and others like you think that these beggers can choose too.

Steve Demicoli

Jul 28th 2010, 06:36


Dear Ms Herold

So what does it mean to be a small island like Malta?

Does it mean that the illegals can threat the island like a pigfarm? - by smashing the detention centre, barricading it, throw the food in the faces of detention service employees and rubbish all over the place and burning the rooms at will - and on top of that expect tp have it refurbished up to a 5-star hotel standard from the limited Maltese funds - only to destroy it again at will?

Salvinu Vella

Jul 28th 2010, 09:29

Susanne Herold the shame is on you for defending illegal immigrats and their actions instead of the rightful residents of Malta.

bryan sullivan

Jul 28th 2010, 09:33

suzanne herold............who you are i do not care ! where you come from even less ! what i care about is your ridiculous statement. these supposed refugees invade Malta with no papers to verify whether they are genuine or escaped criminals. they are fed housed clothed and given money. they benefit from hospital treatment in our five star hospital before me and others who like me pay their taxes. so please if you do not like the way we treat these illegal immigrants kindly give us your home address and telephone number and we shall pass them on to you.

Malcolm Felix

Jul 28th 2010, 09:44

If you're so gentle, you can offer them your house, cars, and all you got!

joe gatt

Jul 28th 2010, 09:55

The Maltese agree with you, bearing in mind, our overpopulated Islands, economic situation, extremly high cost of livng, low living standard, medical system bankrupt, pensions under threat ect ect.

We should place these visitors in a Five Star Hotel, give them a cushy well paid job,then they may be able to pay their for their stay.
Not unless, you want to foot the bill, my dear.

Charles Vassallo

Jul 28th 2010, 10:06

J. J. Borg why don't you go to Africa J.J. Borg.

Kevin Formosa

Jul 28th 2010, 10:09

@ Suzanne...... If you like them so much, please do us a favour and take them to live with you at your home, you can prepare food, give them clothes and even wash them if you like!!!!

Josepg Camilleri

Jul 28th 2010, 19:01

http://www.wahl.de/politiker/cdu/susanne-herold
Susanne Herold (CDU) auf Social Media Plattformen

Sean Grima

Jul 28th 2010, 11:06

it confirms that you are not competent to discuss legal matters.

Tony Bartolo

Jul 28th 2010, 11:44

Sean Grima it confirms that you are incompetent in these matters and that you don't have the faintest idea of patriotism and ready to sell your soul or mother for illegal immigrants. How about housing and keeping all illegal immigrants at your expense Sean? In Libya that is and not in Malta.

Sean Grima

Jul 28th 2010, 13:35

i can assure you that i am competent to speak about law. what counts is the law.

Joseph Camenzuli

Jul 29th 2010, 12:44

Then why are you hiding your qualifications Mr Grima? Is it because you have none and if you quote any anyone can check and find out?

Sean Grima

Jul 29th 2010, 13:12

you should focus on my legal arguments, not my qualifications. neither you nor anyone else has come up with any legal counter-arguments, just a load of nonsense about immigrants taking our jobs and other hypothetical economic and social considerations.

A. Grech

Jul 27th 2010, 18:42

...u xi whud li gew ipprovati li sofrew ingustizzja, ghax Maltin, ghadom isaffru l-Aida

Sean Grima

Jul 28th 2010, 11:30

i'm sure you'd be applying for a free ticket to paradise.

P. Borg

Jul 29th 2010, 11:22

Hu cans Sean applika u nahseb int tkun in Paradise!

Gervais Marcel Cishahayo

Jul 27th 2010, 18:05

Yes N.Lawrence,
There are some officials who overdo it and confuse between their own personal feelings with the official function(s) that they assume, which are governed by national and international laws.
This does not only concern immigrants, you would be surprised to know that so many citizens call fall victims of similar abusive of power. I am sure you need not me give you examples. The point is, whether against a citizen or an immigrant, abuse should not be tolerated.

Charlene Giordimaina

Jul 28th 2010, 15:14

Mhux hekk nibqghu Ryan.... imbaghad gejjin b'kemm Alla halaq skuzi u taparsi jitilqu jekk intuhom ir-refugee status. Dawk hawn jibqghu forsi jaqilghu xi 12,00- EUR ohra!!!

"Moreover, Mr Massoud had not shown any interest in being repatriated or sent to another destination"........... Imbasta taparsi telqu biex imorru l-Italja!!

P. Borg

Jul 29th 2010, 11:20

Dazgur mhux interessat imur lura, jibqa hawn, ikel b'xejn, mobile b'xejn, akkomodazzjoni b'xejn u by the way xi cheque ta xi sitt xhur paga b'xejn ukoll. Daqt nghid li qed jiksruli id-dirttijiet tieghi forsi niehu xi cheque jien ukoll. Ghalli jista jkun mhux se ntuh xi trip around Malta and Gozo fuq il-ferry b'xejn ukoll hux?

Sean Grima

Jul 29th 2010, 14:08

charlene, you need to wisen up from your 19 years. this P Borg seems to be ashamed to put his name to such comments.

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