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Government urged to end blanket detention policy

Malta’s policy of mandatory detention for migrants arriving by sea resulted in prolonged detention of unaccompanied children and other abuses of migrants’ rights, Human Rights Watch said in a report released today.

It called on the government to end the blanket detention policy and ensure that children are not detained pending age determination.

Human Rights Watch’s new 50-page report, “Boat Ride to Detention: Adult and Child Migrants in Malta,” details treatment of migrants, typically from sub-Saharan Africa, who arrived in Malta after treacherous boat journeys across the Mediterranean, in unseaworthy boats, without enough food, water, or fuel.

Upon arrival in Malta, virtually all irregular migrants are detained – and the conditions in detention can exacerbate the trauma of the journey. The July 2012 death of Mamadou Kamara, a 32-year-old Malian migrant who was found dead inside a Maltese Detention Services van, has increased concern over the country’s treatment of migrants, it said.

“Malta’s automatic, indiscriminate, and blanket detention of migrants – including unaccompanied migrant children – is inhumane and unnecessary,” said Alice Farmer, researcher in the Children’s Rights Division at Human Rights Watch.

“It doesn’t deter migrants from coming to Malta and it violates international law.”
Since 2002, approximately 15,000 migrants have landed by boat on Malta, arriving in the country without permission, or “irregularly.”

The report documents Malta’s routine detention of unaccompanied migrant children – who are often fleeing violence or conflict in countries such as Somalia and Eritrea – pending the outcome of a lengthy age determination procedure.

Unaccompanied migrant children are children traveling without parents or other guardians; typically they travelled in dangerous conditions for many months before reaching Malta.

"If Malta determines that they are under age 18 – often only after a lengthy period in detention – they are released to group homes for children."

Among the children interviewed by Human Rights Watch, the average length of time spent in detention awaiting age determination was 3.4 months.

Most unaccompanied migrant children travelled without passports or other identifying documents, which might be impossible to obtain in their countries of origin.

The Maltese government treated unaccompanied children who lacked proof of their age as adults and detained them in adult facilities. Human Rights Watch interviewees related being detained with children as young as 12 years old.

“Malta should treat migrants who claim to be under age 18 as children until proven otherwise and never detain them,” said Ms Farmer. “The fact that unaccompanied children, who have made long and dangerous trips without their parents or other caregivers, are locked up until they can prove they are children demonstrates the brutality of the detention policy.”

Abdi M., who was 17 years old when he was detained, told Human Rights Watch: “Every day a big man from Mali came and said, ‘Give me your food.’ And one day I said no, and he hit me. I was out on the floor [unconscious] for half an hour. I told the soldiers but they said, ‘We don’t care.’ No one helped me, I just cried and went to sleep.

Malta’s policy of prolonged detention took its toll on the mental health of adult and child migrants alike. Respected medical journals have stated that lengthy immigration detention correlates with higher rates of post-traumatic stress disorder, anxiety, and depression, and that detention exacerbates pre-existing symptoms, including mental trauma sustained while fleeing torture or persecution. Children and young people who are detained for extended periods of time are likely to experience feelings of isolation and detachment.

Kelile T., who reported that he was 17 years old when he arrived in Malta in 2011, was detained for nine months before he was hospitalised for 15 days for mental health treatment. After treatment, he was nonetheless returned to detention, he said. He described his experience: “I take medicine now, for sleep. No medicine, I can’t sleep … my mind is no good, it is very hard.… I can’t, I can’t ... this is a hard place. I need a free place.”

Malta justified its detention policy by referring to European Union migration policies, including the Dublin II Regulation, which obliges the country to process all asylum seekers.

Other EU states have also been slow to respond to calls by the European Commission to relocate recognized refugees from Malta to other parts of the EU; for example, in 2010-2011, only 228 migrants were relocated from Malta to other EU member states.

While EU policy together with greater flows through North Africa have undoubtedly put pressure on Malta’s migration system, the mandatory detention of irregular migrants was neither a necessary nor justified response, Human Rights Watch said.

It noted that in July 2010, the European Court of Human Rights found that Malta’s detention of migrants was arbitrary, lacking in adequate procedures to challenge detention, and in breach of its obligations under the European Convention on Human Rights.

Malta has argued that this ruling applied only to the plaintiff in the case, Khaled Louled Massoud, an assertion rejected by the Commissioner for Human Rights of the Council of Europe.

Human Rights Watch urged the Maltese government to:

  • Limit detention of migrants to exceptional circumstances, with individualized determinations and access to procedures to challenge detention;
  • Treat those who claim to be children as such pending the outcome of age determination proceedings, and do not detain them while their ages are assessed; and
  • Bring policies on detention in line with standards articulated by the Council of Europe and provided for by the European Convention on Human Rights, namely by executing fully, effectively, and immediately the judgment of the European Court of Human Rights in Louled Massoud v. Malta, which found Malta’s detention of migrants arbitrary and in violation of the European Convention.

Human Rights Watch also renewed its call on the EU to reform the Dublin II Regulation to permit more equitable burden-sharing among member states.

See also http://www.hrw.org/news/2012/07/18/malta-migrant-detention-violates-rights

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V Cassar

Jul 18th 2012, 15:47

A puppet of ultra-liberalism.....

angelo cilia

Jul 18th 2012, 16:52

Instead of wasting your time writing the same thing over and over again on the T.O.M regarding illegal migrants in Malta Kurt, how about doing something really useful and writing to Angela Merkel and the German Government to accept these unfortunates into prosperous and large and industrious and disciplined Germany, pronto as there are too many in tiny 314 square kilometer Malta for us to take of properly.
It would be the act of pure christian charity on your part that will impart a thousand blessings that will give needed help to these people that want badly to live in a large and rich first world nations just like your fatherland with all its perks and easy to access first world goodness for a much better life than in huge Africa or in tiny Malta. You can make a difference.

GL Calleja

Jul 18th 2012, 18:25

Excuse me Mr Farrugia but isn't Mr Waschnig doing the same to the Maltese people? Is he entitled to ascribe collective responsibility or to demonise people on particular grounds. People living in glass houses should not throw rocks. And please I wish Mr Waschnig don't use the EU as an excuse for Human dignity. Where are the share burden promises they were supposed to observe? Germany was a part of that share burden agreement. The only thing the EU is doing is using Malta as a scapegoat to protect the other EU States, maybe excluding Italy. The Island of Lampedusa. I am sure Mr Waschnig can speak for himself.

James Dewar

Jul 18th 2012, 18:55

An eloquent contribution interspersed with various supporting quotations. Sadly however the general import of the lengthy "comment" illustrates a serious lack of understanding and reality as to how the situation affects and impacts upon Maltese citizens. All very well to quote chapter and verse of human rights treaties and guideleines whilst conveniently ignoring or overlooking the rights of those who are affected in Malta.

Francis Saliba M.D.

Jul 18th 2012, 19:02

@ Kurt Waschnig, today 15:18.

By now all Maltese citizens, all their cats and all their dogs know that you are heart and soul for dignity and respect towards illegal immigrants but only as long as these deeds of mercy are dispensed by the Maltese within the narrow confines of our island jail, preferably roaming all over the place without documents and
compulsorily prevented from proceeding on their way to their intended destination on mainland Europe.

Your Article 2 applies to every country, not just Malta. That is why you are so adamant that after we save them from drowning we continue to keep them as far as possible away from your bleeding hearts.

Thank you for your gratuitous advice but NO! THANKS!


stephen koludrovic

Jul 18th 2012, 19:47

Dear Kurt,
It is a fact that neither the Maltese nor the immigrants wish for them to stay in Malta. So instead of just criticizing us, you could send some Boston Whalers equiped with gps systems to Tripoli.

In this way the immigrants don.t have to go out on unsafe boats,risking their lives,or ending up in the so called degrading inhuman conditions that we see to have been labeled with.

BTW are the Romas in Germany still living in the same old camps, like the last time I saw them, or have you upped their camps to holiday resort camps.

Greeting from Malta, to you and your kind.

Jessica Smith

Jul 18th 2012, 23:19

Can you stop interfering in our internal affairs and tell Merkel to take them to Germany?
After all Germany was an African colonizing power.

GL Calleja

Jul 18th 2012, 16:08

These are the bleeding hearts talking....

GL Calleja

Jul 18th 2012, 16:10

RiDICULOUS is the fact that they are arrested and put in prison if they try to to go back.? Only in Malta.

Sarah Mallia

Jul 18th 2012, 23:26

If they are refugees they cannot be sent back. Refugees apply for protection in Malta because they cannot go back to there country as they will face serious harm? Are you suggesting that we send refugee back and face serious harm? I's sure if you were in a reugees shoes you would not want to go back. Ignorance and close mindedness at it's best!!

carlos ellul

Jul 18th 2012, 15:31

Lets hope that these 'thousands' of Europeans are sent to jail.

francis mallia

Jul 18th 2012, 15:23

mr alamango ,that is what youi got by joining the e/u ;half of europe wants to come here x enjoy the sunshine ;lol

cesco di luigi

Jul 18th 2012, 12:51

Well said!!!!

John J Borg

Jul 18th 2012, 13:37

they are illegal immigrants and they are staying here illegally....and that prompts detention....

cesco di luigi

Jul 18th 2012, 12:52

You hit the nail on the head..you should see the amount of funds these people handle..including their own salaries!!!!

Mr Anton Portelli

Jul 18th 2012, 12:54

You hit the nail right on the head. All the bla...Bla...Bla.... by NGOs is to defend and justify their cushy often well paid jobs.

Carmelo Aquilina

Jul 18th 2012, 13:07

they are not "internal affairs" they are human rights that we have signed up to as an international obligation... or do you only care about human rights when yours are infringed ?

Joseph Mifsud

Jul 18th 2012, 13:14

Does the 50 page report state that the conditions in detention center is already an added benefit and a bonus? There are alreadt protected from rough sea, other weather conditions.
Also they have a free roof, free food, free water, free mobiles, cigaretes and for us Maltese in order to have a roof on our head we need to pay the loan more than double for 40 years.
Do also note that us maltese are subsidising them through our taxes plus additional costs into our state hospitals.
The irregular imigrants they don't have the decency to do some community work!

Jessica Smith

Jul 18th 2012, 23:23

Carmelo Aquilina YES they are internal affairs. If foreigners want to help them they should take them to their own countries or SHUT UP.

Simon Ciantar

Jul 18th 2012, 12:35

You know why the voice of the Maltese people are not heard ? Because as soon as one of us dares defend our own interests , those living in fairyland call us Racist and we are censored , this newspaper being among the first . But 99.9% of Maltese are fed up with this situation and want our politicans to have the spine to stand up to the EU and we WILL have our voice heard.

Jessica Smith

Jul 18th 2012, 23:24

Simon Ciantarfully agree with you, but our politicians do not have the marbles to do it.

Mr Anton Portelli

Jul 18th 2012, 12:57

Punto e Basta.

Edgar Apap

Jul 18th 2012, 15:09

Thats What The European Countries Did To Us When We Where Not In The E.U. They Deported Us Back To Malta And All We Where Seeking Was A Better Future Right ? What Goes Around Comes Around > They Should ALL Be Deported Back To The Oil Rich Libya Where They Came From And If Need Be The U.N. Provides A Safe Heaven In Libya Until They Find Work Which Libya Will Have Plenty Of Jobs To Offer In The Very Near Future

M. Schembri

Jul 18th 2012, 11:49

Wrong sir. Illegal immigrants are not eligible for resettlement under a burden sharing scheme. Even if it's compulsary.

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