No need to change detention policy, Justice Ministry insists
The Justice Ministry insisted this evening that Malta’s laws on the detention of illegal migrants are in line with the rules of the European Union and the European Convention on Human Rights.
The ministry was reacting to a statement by the Jesuit Refugee Service which called for an updated of the laws.
“The government sees no need to depart from its current detention policy, a policy which is also practiced by other EU member states,” the ministry said.
It insisted that a European Court case instituted against Malta by Khaled Louled Massoud had not established any principles which went against Malta’s policy.
It pointed out that Malta’s Immigration Act already provided remedies for those who felt that their detention was unreasonable.
The government, therefore, believed it would be wrong to dismantle the current system.
In its statement, the JRS urged the government to bring laws and policy on the detention of irregular migrants in line with Malta’s human rights obligations.
“The judgement of the European Court of Human Rights in the case of Khaled Louled Massoud against Malta clearly indicates that detention of irregular migrants in Malta falls short of the requirements of human rights law”, said Fr Joseph Cassar S.J., JRS Malta Director.
“Since there are so few people in detention it is easy to think that it is no longer an issue, but these laws and policies still affect the lives of people and they will continue to do so unless something is done.” The comments were given in a statement to mark Human Rights Day.
In this judgment, which became final on 27 October 2010, the Court upheld Massoud’s claim that his 18 month detention pending his deportation from Malta violated his fundamental human right to freedom from arbitrary detention in terms of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
"Although the case focused on the detention of one particular individual, the findings of the Court and the principles it enunciated when passing judgment also shed light on the adequacy of the legal and policy framework regulating detention in Malta," JRS said.
“This ruling makes clear that no one should be arbitrarily detained, even if they have no legal right to be in Malta and are subject to removal proceedings,” said Fr Cassar. “It is a cause of great concern to JRS that people fleeing war, persecution, torture and other serious violations of their human rights too are subjected to prolonged detention, without adequate guarantees of protection from arbitrariness, because of their irregular immigration status”.
JRS Malta urged the government to conduct a holistic review of the national legal and policy framework regulating detention in order to ensure that it is in line with human rights law.
In particular, the organization called upon the government to amend the law in order to ensure that:
"Detention is not used where removal is not feasible.
Even where removal is possible, detention is only used as a last resort, in specific cases where other less coercive measures have proved insufficient to secure the individual’s removal from national territory.
Alternative measures are provided, so that detention does not remain the only option.
Detainees are protected from arbitrariness through the introduction of legal guarantees, including:
A requirement that detention is only implemented after a specific order to that effect, supported by reasons in fact and in law, has been issued by a judicial authority;
A fixed time-limit on detention established by law;
A speedy judicial remedy to challenge the lawfulness of detention, offering sufficient guarantees of procedural fairness and accessibility, which satisfies the requirements of article 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms;
An automatic, independent review of detention at regular intervals, in order to ensure that proceedings for removal are being carried out with due diligence.
Where detention is resorted to, detainees are held in humane conditions in line with basic standards which should be established by law."
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Sean Grima
Dec 16th 2010, 10:45
as usual, the comments prove that racism is the product of ignorance.
MARGARET RICHARDS
Dec 12th 2010, 13:22
Do JRS know why Louled Khaled has undergone such a long detention period - simple - because he was not only in detention centre per se, but in Maltese prison. Why don't you do some research as to why he was in prison??? That may be quite enlightening both to JRS & to the Maltese people per se!!! Human Rights indeed!!! I was always in favour of Human Rights but I was never in favour of playing dirty games behind people's back. Do state WHY Louled Khaled was in prison!!! That would stop short all speculation. Human rights my eye!!!
J Farrugia
Dec 11th 2010, 08:44
why all this limelight and space to the JRS? As usual the agenda of the liberal Times of Malta journalists. Better take care of the interests of our people first before of those who commit crimes by entering Malta unannounced in the first place.
Edric Micallef Figallo
Dec 11th 2010, 08:34
I express full support for the government's position, and full opposition to the JRS' stand which is as unilateral and as politically impractical as it gets.
John F. GALEA - San Gwann
Dec 11th 2010, 07:12
I am all for Human rights. However rights should mainly start being applicable for the Maltese citizen who is finding it quite difficult in making both ends meet.Many of the illegals are moonlightng without paying any social security contributions or taxes, all at the expense of those registering for work. Here I remind the authorities that it is their sacrosant duty to safeguard jobs to be taken up by the locals and to be vigilant in enforcing zero tolerance and arrest the present abuse of the systems.
The Jesuit RefugeeService may perhaps wish to elevate the plight of the illegals by giving them refuge itself and not at the expense of the already overburdebed taxpayer.I venture by suggesting that the JRS should take the bull by the horn and go to places from whence these illegals originate and try to solve problems at the root.
Such illegals will never adapt to our way of living, Germany tried its best to make them welcome but admitted that it was a failure, Australian Prime Minister,Silvio Berlusconi and the French President are to be applauded on the stance they have taken against the illegals who are invading the whole of Europe.
M. Caruana
Dec 10th 2010, 20:05
An illegal is always an illegal, whatever name you try to use !!!!!!!!!!
A. E. Abela
Dec 10th 2010, 19:59
part2 Unfortunately, here in Malta everything takes long to be processed, look at our court, or get an appointment at the general hospital or a permit from Mepa or an annulment from the church etc etc, this is our reality and if Mr Legal or illegal emigrant doesn’t like it, he or she should’ve choose a different country, I don’t like it either but still have to lump it. What does the Jrs expect we give free entrance to every foreigner with a cause and let them roam around in our tiny island uncontrolled? As somebody very well suggested, how much of the many properties have the Jesuits contributed for free to this cause and has there been any money spent from their behalf to help these unfortunate people or do they just want to receive maybe funds from the Eu in order to be at their service?
A. E. Abela
Dec 10th 2010, 19:57
Removing the crucifix and other religious symbols from public places, divorce, abortion, gay marriages, adoptions by gay couples, soon also cloning will become a human right and so on and so forth the list never ends and only God knows when and where it lead. Shall we adopt them all? There are also the basic rights where the hardworking tax payer deserves to live decently in safety.
Marcel Dingli
Dec 10th 2010, 19:20
As always the Jesuits cause more harm than good to the Church.
Mary R Borg
Dec 10th 2010, 18:50
The reasoning behind the JRS thinking is very Christian indeed. However, may they, perhaps, consider that if what they are proposing comes to pass, will we not, in the final analysis, end up without being allowed to be Christians?
Louise Vella
Dec 10th 2010, 18:41
JRS had better militate for the human rights of the Maltese in Malta, rather than for the rights of illegal immigrants staying illegallly in our country. How many illegal immigrants does JRS want to see in Malta? And how many will they volunteer to keep on their own numerous premises in Malta?
p attard
Dec 10th 2010, 18:14
I wish a national referendum would be held so that it will clearly show what the BIG majority of Maltese citizens want!!!
j.saliba
Dec 10th 2010, 17:54
It is no wonder that Maltese laws fall short of human rights obligations. To my humble opinion the sudden influx of irregular emigrants coincided with the herculian task of synchronising our laws and administration with those of the EU. One must take into account that our parliament is small by comparison and very limited in human resources. I hope that more organisations including the JRS will join forces to tackle the problem at its source. That is bring the human traffickers to law. But most important help the underdeveloped live with dignity in their own countries.
Keith D'Amato
Dec 10th 2010, 17:47
Update of Detention Policy: GET OUT!
Raymond Sammut
Dec 10th 2010, 17:46
All that is being asked for here is that detention is conducted by the Maltese government in accordance with procedure as required at law. Arbitrary detention, wherever this turns out to be the case, is not acceptable. Detention requires justification from the relevant authority, such as national security, potential risk to the community, and so on. Release into the community does not mean that the person will not be removed in due course once all criteria had been met. When detention becomes necessary in the interest of the community, then detention itself must be humane. It's incumbent upon the government to satisfy the basic requirements.
Louise Vella
Dec 10th 2010, 17:22
JRS do not represent public opinion in the European countries including Malta and Italy, which are the main victims of the influx. If JRS had its way, Malta and Italy and the whole of the EU would open the floodgates to let in millions of illegal immigrants.
In the meantime I'm very surprised that JRS and the other NGOs have not commented on Gaddafi's recent threats: “Libya would no longer block migration to Europe unless it was paid €5 billion a year.” And “If we don’t, Europe will become black, it will be overwhelmed by people with different religions, it will change”.
Frans H Said
Dec 10th 2010, 17:10
The Jesuits can buy an island in the Mediterranean and help set up a migrants republic (sort of Liberia).
The size of Malta cannot support illegal migrants. Charity starts at home. Even jesus had declared as such.
Albert Casha
Dec 10th 2010, 18:11
How dare you mention Jesus to justify INTOLERANCE!!! L-anqas tisthi!!!
Can you please quote where Jesus told us not to do charity with foreigners?? Where did he say charity begins at home??
According to Jesus we must treat everyone like brothers and sisters. You remember the parable of the Samaritan??
You can be intolerant and a bigot to your heart's content...but don't say the Jesus told you to be so!!!!
J Farrugia
Dec 10th 2010, 17:04
dear jesuits you are free to give these refugees your own personal property such as Mt St Joseph as well as your casa madre. Both in Malta as well as abroad. Everyone wastes when there is other people's money involved..
Anthony Cassar
Dec 10th 2010, 17:02
Illegal Immigrants should be treated as illegal immigrants. If they do not have the necessary. permits to enter Malta they cannot be allowed to move around the islands as if they were tourists or residents!
A Cassar
Dec 10th 2010, 18:06
You totally miss the point Anthony....where exactly are you reading "illegal" immigrants.
There is absolutely no problem with illegal immigrants, these are deported with no further problems. The problem is with people seeking refugee status....which is NOT ILLEGAL. Thank God in decent countries like our own, one can apply for asylum. BUT, if we have such a proviso in our law (as every decent country should have) we must also have the necessary method to deal with asylum seekers. Quick and effective decisions....yes, or no. Stay or go. And not be detained for a long period awaiting a decision.