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MORNING
HR/CAT/99/28
9 November 1999


COMMITTEE AGAINST TORTURE CONSIDERS SECOND PERIODIC REPORT OF MALTA

Government Set To File Comprehensive Asylum Bill


The Committee against Torture this morning took up the second periodic report of Malta as it considered how that country implemented the provisions of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

Dr. Lawrence Quintano, Senior Counsellor to the Republic of Malta, discussed a new comprehensive asylum bill that would soon be brought to Parliament. It would be the first asylum-related proposal for the country since 1964, and stemmed from a European Commission recommendation. He noted that the highest number of asylum seekers who had been granted refugee status by the Government came from countries outside of Europe.

In Malta, Dr. Quintano said, there was a harmonious relationship between the Emigrants Commission and the Immigration Police. The Commission was immediately informed by the Police Office in charge when a person requesting refugee status landed in Malta. The case was then handled by the Commission, which would refer the matter to the Office of the United Nations High Commissioner for Refugees (UNHCR) in Rome.

The report also included a detailed description of a new correctional facility for young offenders, where the emphasis was placed on rehabilitation rather than punishment.

The Maltese delegation also included Ambassador Michael Bartolo.

Andreas Mavrommatis, who served as the Committee's rapporteur to the report, welcomed the introductory remarks by Mr. Quintano. He did, however, say the report was not sufficiently detailed and did not always address direct questions previously posed by the Committee. In general, he said, the human rights situation in Malta was quite satisfactory, but there was always room for improvement. His questions focused on several specific cases discussed in a report by Amnesty International, which concerned treatment of asylum seekers and conditions in detention for others. Other questions concerned the possibility for compensation for potential torture victims.

Guibril Camara, the co-rapporteur to the report, also asked about charges that some prisons were below standards. He also said that although Malta was granting asylum to more non-Europeans than Europeans, the Government should set this practice into law.

Report of Malta

The second periodic report of Malta (CAT/C/12/Add.7) reviews developments in terms of the promotion and protection of human rights in Malta since it presented its first report to the Committee in 1996.

According to its second report, prison regulations have been updated and brought into line with standards acceptable at the European level. The aim of the new regulations is to instill in prisoners a sense of discipline and responsibility and to reform their character. New measures have also been adopted for training police and prison officers on human rights and the ill-treatment of prisoners.

Introduction to the Report of Malta

LAWRENCE QUINTANO, Senior Counsellor to the Republic of Malta, spoke about new developments in the asylum law, improvements to correctional facilities and of measures taken to train police officers on issues related to torture and inhumane treatment of prisoners.

Dr. Quintano spoke first about improvements in Malta's correction facilities. He said the ratio between prisoners and prison space compared favourably with other countries such as Spain and the United States. He said that a new facility was recently opened for young offenders who had been arrested or were serving their sentences. The emphasis was on making prisoners responsible and useful members of society, rather than punishing them. He said it was easier to rehabilitate new offenders (under the age of 18). The offenders were offered therapy to help them overcome the roots of their problems. Greater emphasis was also placed on education for these offenders. Expansion of the facility was still going on.

Staff at the facility had attended a World Health Organization conference on mental health and prisoners. Most health needs were met within the prison. Volunteers were used to provide drug rehabilitation services.

On another note, Dr. Quintano said a new law on asylum seekers was in the process of being drawn up. There was also a harmonious relationship between the Immigration Police and the Emigrants Commission. The police notified new cases to the Emigrants Commission, which then passed the information to UNHCR. Most asylum seekers or immigrants come from Iraq.

Dr. Quintano also focused on police training in Malta. An important part of the training, he said, concerns detecting and preventing torture and inhumane treatment of prisoners. Another important point, he said, was keeping the Attorney General's office separate from the Executive Office. Though the Attorney General's office acted as an advisor to the Government, there was no interference from other branches. It was the Attorney General's office which made decisions about prosecutions.

Discussion

In responding to the report from Malta, ANDREAS MAVROMMATIS, the rapporteur to the report, said Dr. Quintano's introductory remarks to the report were most welcome, especially as the written report lacked detail and did not fully respond to the questions posed by the Committee. The human rights situation in Malta was, in fact, quite satisfactory. But, as with many countries, there was always room for improvement.

Mr. Mavrommatis said he was given a report by Amnesty International in which there were complaints of isolated incidents of torture. Two inquiries were posed: one about the treatment of a Gambian national accused of illegal immigration. Another was the case of Libyan nationals who were allegedly ill-treated in prison.

Mr. Mavrommatis then asked about the national origins of asylum seekers, saying that Malta should ensure that there will be no limitations on providing asylum according to geographical status. He also asked what was the procedure for applying for refugee status for those who had not been subject to torture. Concerning compensation, he asked for examples of damages for torture victims and their access to counsel, inquiring if all detainees were informed from the outset that they had the right to access to counsel. The crucial time to obtain an admission was the first few hours, he said, and then asked if there was guaranteed access to counsel in these situations.

MR. GUIBRIL CAMARA, the co-rapporteur to the report, asked if Malta had taken up previous suggestions from the Committee, including taking special precautions for people being interrogated who were under the influence of drugs. Another question was about a compensation scheme in the event of torture and the process for a victim to claim damages through the court. He asked about the Immigration Act -- there was a report of prisoners in a cell who were held under the Immigration Act. Conditions in this facility were poor. Were people who fell under this category still being held in this prison?

Mr. Camara welcomed the fact that most asylum seekers granted asylum by Malta were non-Europeans, but this fact needed to be set into law.
Mr. Camara's final request for information concerned the case of Mr. Ebrina Camarra, a Gambian national who claimed that he was physically assaulted by immigration officers when seeking entry into the country.

Questions from other experts centred around the possibility of prisoners who had been ill-treated to have redress by the Government as well as the courts, and placing prisoners in isolation.

The Committee will meet in closed session this afternoon and will reconvene in public session Wednesday, 10 November 1999, to consider the report of Austria.