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10 November 1999
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HR/CAT/99/30
10 November 1999
COMMITTEE AGAINST TORTURE HEARS RESPONSE TO QUESTIONS ABOUT MALTA'S REPORT
Delegation Discusses Individual Cases as Well as Proposed New Asylum Bill
The Committee against Torture this afternoon heard responses to questions it posed Tuesday to a Government delegation of Malta about its report on how the country is implementing the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Dr. Lawrence Quintano, who presented Malta’s second periodic report to the Committee yesterday, responded to Experts’ questions about charges raised by Amnesty International about the treatment of asylum seekers there. Addressing the case of Ebrina Camarra, a Gambian national and asylum seeker who claimed he was beaten by immigration officers after being refused entry, Dr. Quintano said a medical officer found that there were no broken bones, and although Mr. Camarra said he could not walk, he escaped from the hospital by jumping out of a one-story window. The police were going to press charges for false testimony under oath, he said.
In another case in which Libyan nationals claimed to have been beaten in prison, Dr. Quintano responded that an investigation concluded the allegations were unfounded.
He then spoke at length about a proposed new asylum bill, conditions during interrogation in prisons, and responded to queries about compensation for torture victims, family visits, the possibility of self-incrimination, the procedure for applying for refugee status and the right to appeal decisions.
The Maltese delegation also included Ambassador Michael Bartolo.
The Committee will return to session Thursday, 11 November 1999 at
10 a.m. to consider the second periodic report of Finland. In the afternoon, the Committee will offer its conclusions and recommendations on the report of Malta, and hear responses to their questions from the delegation from Austria.
Responses from Malta
Dr. LAWRENCE QUINTANO, Senior Counsellor to the Republic of Malta, responded to questions posed by the Committee yesterday, starting off by addressing charges raised by Amnesty International. Addressing the case of Ebrina Camarra, a Gambian national and asylum seeker who claimed who was beaten by immigration officers after being refused entry and was the subject of racist remarks, Dr. Quintano said a magistrate was carrying out the inquiry, and a medical officer found that there were no broken bones, and although Mr. Camarra said he could not walk, he escaped from the hospital by jumping out of a one-story window. From the records of his medical file, it appeared that Mr. Camarra had no signs of external injuries. Both the CAT scan and X-rays showed no injuries. All officers deny the allegations. Two medical officers have denied, under oath, that there were signs of external violence or of any sort of injury whatsoever. No investigations were being made, he said, to avoid any conflict with the findings of the Court. The police were going to press charges for false testimony under oath.
There was a second case, regarding three Libyan nationals who alleged that they were beaten while in detention. Two of the Libyans did not want to testify during court proceedings, Dr. Quintano said. An internal investigation by the prison authorities established that the allegations about the beatings were completely unfounded. There were no allegations of torture. The Board of Visitors could not conclude that any of the Libyans had been beaten in prison due to a conflict between the evidence tendered by the Libyans and that of the prison custodians. The Board's findings were transmitted to the Attorney General, who agreed with the findings.
Concerning a third case, in which an off-duty policeman was accused of murdering another police officer, the case was pending in court. Another case concerned a female police sergeant who was accused of murder. The matter is also before court. Dr. Quintano said that while Amnesty International was a highly respected organization, the facts in these cases should have been better sifted. It created a completely wrong impression -- while the offenses were regrettable, they happened during the officers’ off-time.
He said that illegal immigrants held at Ta’Kandja would no longer be under the supervision of the Special Assignment Group, and would instead fall under normal police supervision. Dr. Quintano also answered questions regarding the country’s new asylum law, its procedure for refugees, matters concerning self-incrimination, interrogation standards and procedures, the right to counsel, the number of people in pre-trial detention, compensation for victims of torture, and policies on solitary confinement.
In relation to the lateness of the report, Dr. Quintano said the delay was regrettable, but Malta had limited resources -- staff levels were much less than larger countries such as the United States. It was becoming increasingly difficult to meet all the deadlines for all the reports, he said. The report to the Committee was brief partly because much was covered in the first report.
HR/CAT/99/30
10 November 1999
COMMITTEE AGAINST TORTURE HEARS RESPONSE TO QUESTIONS ABOUT MALTA'S REPORT
Delegation Discusses Individual Cases as Well as Proposed New Asylum Bill
The Committee against Torture this afternoon heard responses to questions it posed Tuesday to a Government delegation of Malta about its report on how the country is implementing the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Dr. Lawrence Quintano, who presented Malta’s second periodic report to the Committee yesterday, responded to Experts’ questions about charges raised by Amnesty International about the treatment of asylum seekers there. Addressing the case of Ebrina Camarra, a Gambian national and asylum seeker who claimed he was beaten by immigration officers after being refused entry, Dr. Quintano said a medical officer found that there were no broken bones, and although Mr. Camarra said he could not walk, he escaped from the hospital by jumping out of a one-story window. The police were going to press charges for false testimony under oath, he said.
In another case in which Libyan nationals claimed to have been beaten in prison, Dr. Quintano responded that an investigation concluded the allegations were unfounded.
He then spoke at length about a proposed new asylum bill, conditions during interrogation in prisons, and responded to queries about compensation for torture victims, family visits, the possibility of self-incrimination, the procedure for applying for refugee status and the right to appeal decisions.
The Maltese delegation also included Ambassador Michael Bartolo.
The Committee will return to session Thursday, 11 November 1999 at
10 a.m. to consider the second periodic report of Finland. In the afternoon, the Committee will offer its conclusions and recommendations on the report of Malta, and hear responses to their questions from the delegation from Austria.
Responses from Malta
Dr. LAWRENCE QUINTANO, Senior Counsellor to the Republic of Malta, responded to questions posed by the Committee yesterday, starting off by addressing charges raised by Amnesty International. Addressing the case of Ebrina Camarra, a Gambian national and asylum seeker who claimed who was beaten by immigration officers after being refused entry and was the subject of racist remarks, Dr. Quintano said a magistrate was carrying out the inquiry, and a medical officer found that there were no broken bones, and although Mr. Camarra said he could not walk, he escaped from the hospital by jumping out of a one-story window. From the records of his medical file, it appeared that Mr. Camarra had no signs of external injuries. Both the CAT scan and X-rays showed no injuries. All officers deny the allegations. Two medical officers have denied, under oath, that there were signs of external violence or of any sort of injury whatsoever. No investigations were being made, he said, to avoid any conflict with the findings of the Court. The police were going to press charges for false testimony under oath.
There was a second case, regarding three Libyan nationals who alleged that they were beaten while in detention. Two of the Libyans did not want to testify during court proceedings, Dr. Quintano said. An internal investigation by the prison authorities established that the allegations about the beatings were completely unfounded. There were no allegations of torture. The Board of Visitors could not conclude that any of the Libyans had been beaten in prison due to a conflict between the evidence tendered by the Libyans and that of the prison custodians. The Board's findings were transmitted to the Attorney General, who agreed with the findings.
Concerning a third case, in which an off-duty policeman was accused of murdering another police officer, the case was pending in court. Another case concerned a female police sergeant who was accused of murder. The matter is also before court. Dr. Quintano said that while Amnesty International was a highly respected organization, the facts in these cases should have been better sifted. It created a completely wrong impression -- while the offenses were regrettable, they happened during the officers’ off-time.
He said that illegal immigrants held at Ta’Kandja would no longer be under the supervision of the Special Assignment Group, and would instead fall under normal police supervision. Dr. Quintano also answered questions regarding the country’s new asylum law, its procedure for refugees, matters concerning self-incrimination, interrogation standards and procedures, the right to counsel, the number of people in pre-trial detention, compensation for victims of torture, and policies on solitary confinement.
In relation to the lateness of the report, Dr. Quintano said the delay was regrettable, but Malta had limited resources -- staff levels were much less than larger countries such as the United States. It was becoming increasingly difficult to meet all the deadlines for all the reports, he said. The report to the Committee was brief partly because much was covered in the first report.