Government on Thursday issued a statement saying that the Court judgment on the case of migrants’ detainment on vessels at sea during the pandemic “confirmed” that decisions government made were taken in the national interest.
Earlier on Thursday, a constitutional court found the State responsible for violating the fundamental rights of nine asylum seekers who were held aboard tourist boats during the Covid-19 pandemic in 2020.
The case, brought by 32 asylum seekers who had fled war-torn Libya and were rescued in Malta’s search and rescue zone, stemmed from the government’s controversial decision to detain them offshore on private pleasure boats amid port closures.
The court’s decision, handed down by Judge Toni Abela, focused on the treatment and unlawful detention of nine individuals who had provided sworn testimony.
In a statement, government said it “took note” of the judgment delivered by the First Hall of the Civil Court in the case concerning 32 individuals who were rescued at sea during a national emergency caused by the Covid-19 pandemic in April and May 2020.
“The Court's judgment acknowledged that the Maltese government's decision was taken in the national interest and in an extraordinary scenario that the country had never experienced before,” the government statement read.
It also welcomed the Court’s observation that the decision by the Maltese authorities to keep groups of irregular migrants at sea was taken due to the situation caused by the pandemic, including the closure of ports, the airport, and the migrant reception centres themselves.
“The Court only considered the claims of nine out of the 32 complainants. Moreover, the Court expressed its conviction that government ‘acted in good faith and certainly had no premeditated intention to degrade or treat the applicants inhumanely,’” it said.
The statement continued that in fact, these individuals were given access to the asylum process immediately upon entering Maltese territory.
So much so, that government said it had no intention of hindering these persons from exercising their rights as asylum seekers, that some of those involved in this case were relocated to other EU countries or returned to their home country.
“While government takes note of the Court’s criticism regarding sanitary facilities onboard the vessels and the sleeping arrangements provided, it also notes that the Court dismissed the allegations made by these individuals regarding the medical care provided, the means of telecommunication and internet they had to contact their families, and the provision of basic living conditions, including food, clothing, and blankets,” government said.
It said that the decisions taken, and those which are still being taken regarding irregular immigration are aimed at strengthening the security of the country while reducing the number of irregular arrivals, with full respect for human rights and international obligations.