The Nationalist Party has said that the Government must provide answers and clarify the facts surrounding the case of the 15-year-old Italian boy who has reportedly been held in isolation for around 70 days after being arrested on 25 May.
The case has now made headlines all around Italy.
"While no one should interfere in criminal proceedings or prejudge the charges brought against him, reports in the media - including the Italian media - suggest that the Maltese Government has serious questions to answer over the way this boy has been treated, and that several issues require clear explanations," the PN said in a statement.
"This is all the more serious given that the Italian Ministry of Foreign Affairs has had to intervene directly in the case, while the Italian Embassy in Malta has also reportedly made representations to the Maltese authorities. The case has consequently received prominent coverage in the foreign media, exposing Malta to damaging international attention," the party added.
The PN said that the Government must immediately respond to the serious allegations being made in this case, including those concerning the treatment of this Italian citizen while in the custody of Malta's prison authorities.
The party noted that among other things, it has been reported that the boy was initially held for several days in Division 6 at the Corradino Correctional Facility, where he suffered severe psychological distress and allegedly harmed himself.
It added that following his transfer to the juvenile section, YORS, he was reportedly confined to his cell for around 22 hours a day for approximately 35 days, had to eat standing up and, for three days, was allegedly not even provided with cutlery with which to eat.
"If these facts, as recounted by the boy's parents, are confirmed, this would not amount merely to an administrative failing. It could constitute a serious breach of the fundamental rights of a minor. If that is the case, the Government cannot simply state that the matter is before the Court as though nothing else has happened. While it is for the Court to determine guilt or innocence, it is the State that must answer for the conditions in which a detainee is being held," the PN said.
The party quoted reports that the boy's parents, who are only permitted to visit him once a week for a short period, have complained of a lack of communication from the prison authorities regarding their son's case, prompting them to speak to the Italian media. It also appears that the case has been raised in the Italian Parliament, the PN noted.
The PN said that European standards are very clear: where a person is confined for more than 22 hours a day without meaningful human contact, this may amount to solitary confinement. "When the person concerned is a minor, the level of protection should be higher, not lower. A 15-year-old child cannot be treated as though he were an adult prisoner," the PN said.
Furthermore, Article 3 of the European Convention on Human Rights and Article 36 of the Constitution of Malta protect individuals from inhuman or degrading treatment, the party added.
The PN said that it wants answers to the following questions:
- Why was a 15-year-old minor placed at the Corradino Correctional Facility?
- How long was he held there and under what regime?
- Is it true that he was confined to his cell for around 22 hours a day? If so, for how long and on what basis?
- Following the alleged self-harm, what psychological and psychiatric assessments were carried out?
- Was a safeguarding plan drawn up?
- Was there specific monitoring of the risk of further self-harm?
- How much time was he being given for education, recreation, physical activity and meaningful human contact?
- Who was responsible for ensuring that the specific standards applicable to minors were being observed?
"If the Farnesina had to intervene to protect a 15-year-old Italian citizen detained in Malta, then the Maltese Government should be the first to demonstrate that it has nothing to hide. The Government has an obligation to provide answers. And it must do so now, before any further damage is done," the PN said.
The statement was signed by PN MP and Shadow Minister for Home Affairs and Security Conrad Borg Manché.