The government should promptly investigate cases of death in custody, prosecute those responsible and provide appropriate compensation to families of victims, the UN Human Rights Committee has warned Malta.

In its recommendations for Malta, the committee “regretted” the incomplete information on sanctions taken against officers found responsible, particularly regarding the deaths of Nigerian migrant Ifeanyi Nwokaye and Malian migrant Mamadou Kamara in 2011 and 2012 respectively.

As a State Party to the Inter­national Covenant on Civil and Political Rights (ICCPR), Malta is required to undergo regular review by the committee of 18 inter­national independent experts on how it is implementing the ICCPR.

Following its review earlier this month, the committee expressed its concern about allegations of ill-treatment as well as excessive use of force by soldiers and police officers at detention centres for migrants, which in some cases included the use of tear gas and rubber bullets. The government should ensure that allegations of torture and/or ill-treatment are effectively investigated, per­petrators prosecuted and, if convicted, punished with sanctions commensurate with the seriousness of the crime, the committee said. Victims should be adequately compensated.

The government should ensure that allegations of torture and/or ill-treatment are effectively investigated

The committee also expressed concern about reports of racism and xenophobia against migrants, including racially motivated violence and racial discrimination in access to employment, housing and services.

The government, the committee continued, should strengthen its efforts to eradicate stereotypes and discrimination against migrants and should conduct public awareness campaigns to promote tolerance and respect for diversity.

The government should also ensure that cases of racially motivated violence are systematically investigated, that the perpetrators are prosecuted and punished, and that appropriate compensation is awarded to the victims.

The committee said that, despite the government’s efforts to improve living conditions in detention centres, it was concerned at reports of degrading conditions. Referring to unaccompanied migrant children, the government should guarantee that every child receives free legal assistance for the duration of the administrative proceedings, the committee stressed.

Reacting to the low number of prosecutions against perpetrators of violence against women and children, the committee said the government should ensure that such cases are investigated in a systematic way.

Regarding abortion, the committee criticised the fact that no exception is admitted when the woman’s life is in danger or for cases of pregnancy resulting from rape or incest. It advised the government to allow exceptions and to ensure that reproductive health services are accessible to all women and girls .

The government should also roll out awareness programmes on the importance of using contraceptives.

The committee expressed concern about the criminalisation of defamation and that the Press Act does not define libel or defamation. The government should therefore guarantee freedom of expression and freedom of the press.

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