The Council of Europe's Committee for the Prevention of Torture (CPT) in a report published today about a tour of the prisons of Malta in 2008 said that the majority of persons met by the CPT’s delegation made no complaints of ill-treatment by police officers.
It however called for an independent audit of the situation at Corradino Prison.
The CPT said there had been one specific allegation concerning the treatment of vulnerable persons in police custody, the conduct of inquiries into allegations of ill-treatment and the use of electro-shock weapons by the police.
Furthermore, the right of a person detained by the police to consult in private with a lawyer was still not in force at the time of the visit (legislation has since been brought into force).
As regards foreign nationals detained under the Immigration Act, the report refers to a particular incident of alleged ill-treatment of detainees at Safi Barracks. It recommended that a criminal investigation be carried out every time credible allegations of ill-treatment by public officials are made by persons deprived of their liberty.
Recommendations were also made to improve the material conditions, regime and health care provision in immigration detention centres.
As regards Corradino Correctional Facility, the report stated that the findings of the visit were of such scope and seriousness that the CPT considered it essential to recommend that an independent and comprehensive audit of the establishment be carried out.
In particular, concerns were raised about the lack of trained staff, the absence of an allocation and classification system in the prison, and the existence of informal power structures which placed numerous inmates in a submissive position vis-à-vis gang-type practices and allow a considerable amount of drug trafficking to take place.
The report also criticised the material conditions in several wings of the prison and made a number of recommendations to improve the provision of health care and to put in place formal disciplinary procedures. Particular concern was raised in relation to the detention in the prison of children of less than 16 years of age.
In respect of Mount Carmel Hospital, the report stated that no allegations of ill-treatment of patients were received. Reference was made to the good living conditions on several wards; however, those on the Forensic, Maximum Security and Irregular Immigrants’ Wards were criticised. Several recommendations were made concerning the lack of staff resources and the use of means of physical restraint and seclusion/ “time out” rooms.
The two institutions for female juveniles and children, Fejda Programme and Jeanne Antide, were found to offer acceptable living conditions for relatively short stays only. A number of recommendations were made in particular aimed at improving health care provision.
In their response, the Maltese authorities provided information on the steps being taken to address the issues raised by the CPT. In particular, reference wasmade to inquiries carried out into the allegations of ill-treatment raised in the report and to the Board of Inquiry set up to examine the situation in Corradino Correctional Facility.
Information was also provided on the training and safeguards in place concerning the use of electro-shock weapons by police officers. As regards Mount Carmel Hospital, the authorities referred to the policy in place regarding seclusion and listed the steps taken to improve the living conditions. Information is also provided on the situation in the Fejda Programme and Jeanne Antide establishments.