A report by the Ombudsman has concluded that there was systemic maladministration at the Corradino Correctional Facility during Colonel Alexander Dalli's tenure as Director of Prisons.

In 2021, as a result of persistent media reports alleging violations of basic human rights and non-observance of prison regulations within the Corradino Correctional Facility, and after NGO Moviment Graffitti wrote to the Ombudsman highlighting these concerns, the former Ombudsman Anthony Mifsud decided to conduct an investigation.

"As allegations focused primarily on specific incidents and, more particularly, on the conduct of the Director of Prisons [at the time] Colonel Alexander Dalli, the period under review spanned from July 2018 (when Col. Dalli was appointed to this post) to December 2021 (when he relinquished his position and was replaced by Mr Robert Brincau). Nevertheless several instances of maladministration emerged that had their roots beyond the period in question, namely: The Director of Prisons' approach to certain inmates; The endemic drug problem within the Corradino Correctional Facility (CCF); And to a lesser extent, the challenges posed by the Covid-19 pandemic," the Ombudsman said in a statement.

On the basis of the evidence, the Ombudsman said, three focal points of maladministration clearly emerged.

Endemic dysfunctionality in prison management

The first was endemic dysfunctionality in prison management. The report found that there was a "pervasive lack of clarity regarding roles and responsibilities." It found a paucity of Standard Operating Procedures (SOPs), and a poor understanding of inmates' rights and the mechanisms available for redress when regulations were breached. It also found a failure to maintain mandatory registers or produce them upon request, in accordance with the Prisons Act and Prisons Regulations, the statement read.

"Notably, the Director of Prisons who succeeded Col. Dalli, Mr Robert Brincau, was unable to furnish copies of SOPs or the prescribed 'special registers'. This dysfunctionality was further underscored by a report submitted to the relevant ministry on 9 December 2021 by Prof. Anton Grech, Dr Gorg Grech, and Dr Janice Formosa Pace, which, although was limited to mental health issues, unveiled serious shortcomings across various operational aspects of the CCF."

Degrading treatment of prisoners

The second was Degrading treatment of prisoners. "Evidence pointed to deliberate and systematic subjection of some inmates to degrading treatment, in clear violation of the Prisons Regulations and potentially Article 138 of the Criminal Code. (i.e. Malicious violation of official duties by a public officer)"

Use of intimidation as an operational tool

The third was use of intimidation as an operational tool.

"The investigation found that intimidation was frequently resorted to in pursuit of specific goals, chiefly to maintain discipline, to prevent the introduction of contraband, and to safeguard overall prison security. Intimidation often led to or was employed alongside degrading treatment," the report read.

It is important to note that the goals-such as upholding prison security-are not inherently unlawful, the report read. "However, the prevailing mentality within the CCF was that 'any means' were acceptable to achieve these ends, thus undermining the rule of law and fostering abuses of human dignity." It read that paradoxically, some inmates highly dependent on illicit substances appeared to tolerate or even welcome these forms of intimidation, particularly when combined with treatment approaches that skirted, or exceeded, acceptable standards.

Conclusions

In its conclusions, the Ombudsman said that imprisonment constitutes the punishment imposed by a competent court following a finding of guilt for a crime or contravention. "A detainee should not be further punished by means of dehumanising or degrading treatment."

"As provided by the Prisons Regulations, the conditions of incarceration are not to be aggravated beyond what is necessary for legitimate segregation or for maintaining security, order, and discipline. Furthermore, for unconvicted prisoners, the state of deprivation of liberty is intended solely to protect the integrity of ongoing criminal proceedings."

Hence, whether a prisoner is convicted or not, any additional imposition on their liberty must: Conform with the law; Be necessary in a democratic society; and Genuinely aim to achieve justifiable segregation or maintain security and discipline, the report read.

"Based on the evidence gathered and examined during the investigation, it is evident that systemic maladministration occurred at the Corradino Correctional Facility (CCF) under nearly all headings of Article 22(1) and (2) of the Ombudsman Act."

The investigation reached a number of principal conclusions for the period under examination.

"Systematic breach of prison regulations: A widespread disregard for the Prisons Regulations has resulted. Likewise, a dysfunctional administration (notably, the absence of SOPs) and the approach adopted by certain prison officials, who often sought to emulate the stringent methods of the Director of Prisons in combating contraband and illicit drug use."

"Ignorance and emulation of a 'tough attitude': Many officials did not fully comprehend their roles or legal obligations. In some instances, they appeared to model their conduct on the Director's harsh stance, thereby intensifying maladministration and abuses."

"Ends and means: There is no doubt that the CCF was, during the period under review, rendered significantly less permeable to drugs. However, this investigation firmly upholds the principle that in a State governed by the rule of law, legitimate ends cannot justify means that contravene statutory requirements or undermine human dignity."

Regarding the occurrence of prison deaths and suicides during the period, "the Ombudsman is morally convinced that vulnerable inmates were negatively impacted by the harsh treatment upon their admission and thereafter, potentially contributing to tragic outcomes."

It said that this observation does not prejudice any pending or future criminal proceedings, which remain exclusively within the purview of the competent courts. "It is not the function of the Ombudsman's Office to determine who is to shoulder political responsibility for the systemic maladministration at the CCF during the period in question. That determination is reserved for others."

Recommendations

The Ombudsman endorsed the NAO's recommendations concerning the Correctional Services Agency (CSA), saying that its recommendations address key issues arising from dysfunctional internal prison organisation, including the establishment of a formal performance assessment procedure for staff; and the urgent drafting and finalisation of policies and SOPs.

The Ombudsman also fully endorsed all the recommendations made by the Grech Board of Inquiry which highlighted the need to review the excessive power accorded to the Director of Prisons, "which can lead to abuses in areas such as the withdrawal of remission and the imposition of solitary confinement-both of which should fall within judicial remit."

The Ombudsman also advocates for greater media access to places of confinement. "Had the media been granted routine inspection rights, many problematic situations that arose may have been prevented or mitigated. The Director of Prisons should therefore formulate a clear policy or protocol governing such visits, ensuring no improper discrimination, and balancing the legitimate demands of security and inmate privacy."

Another recommendation made by the Ombudsman is for thorough psychological evaluations for staff appointed to the CCF, especially the Director of Prisons and senior prison officials. "These evaluations are critical in an environment as complex and stressful as a total institution. Failure to ensure psychological fitness risks both maladministration and reputational harm to the responsible political authorities."

In addition, the Ombudsman says additional measures are necessary to transform the independence of the Commissioner for Inmates Welfare and Development from perception to reality in order to ensure that inmates feel confident in approaching the Commissioner without fear of bias or reprisal.