The Commissioner for Children is launching an investigation on the imprisonment of two children, aged 15 and 16, while awaiting bail.

In a statement, Commissioner Helen d’Amato said that the investigation was warranted by the numerous concerns brought to her attention in relation to this case, with regards to administrative procedures and methods used.

It will be carried out in accordance with the provisions of the Commissioner for Children Act 2003 and in light of what is provided in the United Nations Convention on the Rights of the Child.

Ms d’Amato maintained that imprisonment was highly counterproductive, and did not fulfil the aims of rehabilitation which was urgently required for young people.

Malta, she said, was bound by the UN Convention on the Rights of the Child which “recognises the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.

Ms D’Amato said it was crucial that policies, procedures and structures to protect children in breach of the law and ensure that their fundamental rights as minors were fully observed were in place.

The convention also stated that a minor had a right “to be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence”.