The Malta Independent 5 August 2026, Wednesday
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CPT Visit 2005 – final report: Government standingby detention policy

Malta Independent Friday, 17 August 2007, 00:00 Last update: about 14 years ago

The government made clear yesterday that while the problem of irregular migration lasted, it would be standing by its detention policy for everyone entering Malta irregularly.

It also declared it would continue insisting that Malta had no duty to accept on its territory migrants saved in the safety zone of others.

It made its comments in releasing the final report of the Council of Europe’s Committee for the Prevention of Torture, on a visit to the detention centres here in 2005.

The report finds that Malta’s resources are over-stretched in dealing with the influx of irregular migrants and notes it is crucial to have “a concentrated effort by the international community and particularly the European Union, to give Malta the help it needs to tackle the problem it faces today.”

The report, published yesterday by the Department of Information, served as a basis for changes and improvements in the detention system. For instance, the government created a medical service, apart from the service already given by the health services, under which 400 persons could be examined each week.

Detention facilities were improved and extended, so that no migrants are held today at the police depot.

The government said it wanted to clarify that countries on the borders of Europe in the Mediterranean could not by themselves carry the burden of this problem.

The CPT report says that “although financial resources are an important element in providing adequate standards of accommodation, the impact of annual influxes on such a small and densely-populated country cannot be addressed through financial instruments alone.

“It is for this reason that Malta has long been advocating in the European and international fora for assistance through burden-sharing and resettlement schemes. Unfortunately recent incidents occurring outside Malta’s search and rescue zone have shown how quickly the press, international organisations, and countries are quick to come out and criticise the legitimate stance taken by Malta. Besides the fact that such criticism was based on factual inaccuracies and on incidents in which Malta had no legal obligation, these same sources are completely silent when it comes to offering practical solutions.”

Previous Maltese responses to the CPT report indicated a number of initiatives that were already being addressed, the report said. This included bringing into the Minimum Standards Directive by Legal Notice 383/2005. These regulations meant that besides the government’s obligation to maintain basic standards of reception, it was also bound to give asylum seekers access to the labour market if the examination of an asylum application was not finalised within one year.

“In practice this means that asylum seekers are now being released within 12 months if their application has not been determined within this time frame. Indeed to avoid undue detention to genuine asylum seekers, the Office of the Refugee Commissioner has carried out several recruitment exercises to build up its capacity. Other improvements were registered in the provision of legal aid during the appeals stage to those not granted refugee status.”

Other initiatives occurred since the CPT visit, including in the medical sector, the report notes, referring also to an overstretched public health service. For instance, with effect from 23 April, the medical services provided at Safi and Lyster have been outsourced at a cost of circa EUR84,000 per annum. The service provides for two doctors and two nurses to cover Safi and Lyster Compounds five days a week. This new arrangement has made it possible for up to 400 patients to be examined every week in these two centres alone.

In March 2006, a new reception centre known as Block C was opened at a cost of some EUR326,000. The new compound was designed to accommodate 224 migrants in three separate divisions. Action was taken towards the end of 2006 to relocate all irregular migrants held at Police GHQ to Hal Far Closed Centre as the latter provided better accommodation facilities.

The capacity building process of the detention service has continued over the years. To date some 100 people have been engaged by the detention service as casual detention officers.

Such recruits are given an intensive two-week induction course before being deployed for duty.

Officials attend to training offered by international organisations, NGOs and institutions.

Subjects covered in this induction course include the welfare needs of these persons, medical aspects, laws and conventions governing rights and obligations in the field of immigration and asylum as well as aspects of human trafficking.

To further improve the standard of the casual detention officers, the Detention Centre Rules and Standing Instructions have been drawn up and now form part of the induction training given.

These provide guidelines on the regulation and management of detention centres. Action is currently being taken to reinforce the detention services with a core management structure as part of its evolution to replace service personnel.

“Once more the government reiterates that the number of irregular migrants arriving in Malta is unsustainable and that the European Union, which is the real pull factor to those fleeing Africa, needs to provide durable solutions.

To date the most tangible demonstration of assistance has been in the provision of EU funding instruments.

While noting that there has been particular understanding on the part of the (European) Commission to provide funds aimed at the specific situation of the southern borders, the solidarity of member states has not been so forthcoming.

“Resettlement initiatives have only come from a limited number of countries, namely The Netherlands, Germany, Ireland, Lithuania and USA.

“More is needed and it is indeed a pleasure to note that the USA has offered to take up another 200 persons enjoying some form of protection status.

“Malta’s request for assistance is not to be construed as an abdication of its international obligations but as a genuine need for assistance as a short-term measure.

“Such assistance is not seen as a solution in itself, as this is only to be found in a long-term approach addressing the cause factors within Africa.”

Various declarations have now been agreed to and it was now time to translate these declarations into practice.

Indeed this migration northwards is not only affecting European countries but is equally damaging on African countries which are facing a drain of their human resource; the only resource that together with international assistance can bring them out of their economic and political doldrums.

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