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Torture by Police, Forced Disappearance

& Other Ill Treatment

In the early years of the 21st Century, 2000 to 2025                                                    gvnet.com/torture/Malta.htm

Republic of Malta

The authorities do not engage in torture or ill-treatment of detainees. 

[Freedom House Country Report, 2020]

Description: Description: Malta

CAUTION:  The following links have been culled from the web to illuminate the situation in Malta.  Some of these links may lead to websites that present allegations that are unsubstantiated or even false.  No attempt has been made to validate their authenticity or to verify their content.

HOW TO USE THIS WEBPAGE

Students

If you are looking for material to use in a term-paper, you are advised to scan the postings on this page and others to see which aspects of Torture by Authorities are of particular interest to you.  You might be interested in exploring the moral justification for inflicting pain or inhumane or degrading treatment or punishment in order to obtain critical information that may save countless lives, or to elicit a confession for a criminal act, or to punish someone to teach him a lesson outside of the courtroom.  Perhaps your paper might focus on some of the methods of torture, like fear, extreme temperatures, starvation, thirst, sleep deprivation, suffocation, or immersion in freezing water.  On the other hand, you might choose to write about the people acting in an official capacity who perpetrate such cruelty.  There is a lot to the subject of Torture by Authorities.  Scan other countries as well as this one.  Draw comparisons between activity in adjacent countries and/or regions.  Meanwhile, check out some of the Term-Paper resources that are available on-line.

*** ARCHIVES ***

2020 Country Reports on Human Rights Practices: Malta

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, 30 March 2021

www.state.gov/reports/2020-country-reports-on-human-rights-practices/malta/

[accessed 28 July 2021]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT

The constitution or law prohibit such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

PRISON AND DETENTION CENTER CONDITIONS

Physical Conditions: In migrant detention centers, there were reports of overcrowding, poor sanitary conditions, and repeated inmate protests.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Pretrial Detention: Lengthy pretrial detention remained a problem. Authorities occasionally confined foreign suspects for more than two years pending arraignment and trial, normally due to lengthy legal procedures.

Council of Europe’s anti-torture Committee calls on Malta to improve the treatment of 2020 detained migrants

News 2021, 10 March 2021

[Long URL]

[accessed 10 March 2021]

Overall, the CPT found an immigration system that was struggling to cope: a system that purely “contained” migrants who had essentially been forgotten, within poor conditions of detention and regimes which verged on institutional mass neglect by the authorities. Indeed, the living conditions, regimes, lack of due process safeguards, treatment of vulnerable groups and some specific Covid-19 measures were found to be so problematic that they may well amount to inhuman and degrading treatment contrary to Article 3 of the European Convention on Human Rights.

The carceral design of detention centres such as Hermes Block and the Warehouses at Safi Detention Centre remained totally inappropriate: large rooms crammed with beds, no privacy, and communication with staff via locked doors. Migrants were generally locked in their accommodation units with little to no access to daily outdoor exercise and no purposeful activities. Other deficiencies included a lack of maintenance of the buildings (especially the sanitary facilities), insufficient personal hygiene products and cleaning materials and an inability to obtain a change of clothes. Moreover, there was also a systematic lack of information provided to detained persons about their situation, compounded by minimal contact with the outside world or even staff.

Freedom House Country Report

2020 Edition

freedomhouse.org/country/malta/freedom-world/2020

[accessed 15 May 2020]

F3.  IS THERE PROTECTION FROM THE ILLEGITIMATE USE OF PHYSICAL FORCE AND FREEDOM FROM WAR AND INSURGENCIES?

The authorities do not engage in torture or ill-treatment of detainees. Rates of violent crime are low, though various forms of organized crime remain a problem.

23rd General Report of the CPT - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment - 1 August 2012 - 31 July 2013

Council of Europe, Strasbourg, 6 November 2013

www.west-info.eu/files/Council-of-Europe-23rd-General-Report-of-the-CPT-20131.pdf

[accessed 7 Nov 2013]

50. The overwhelming majority of the prisoners interviewed by the CPT’s delegation at Corradino Correctional Facility (the prison) indicated that they were treated correctly by staff. However, some allegations of physical ill-treatment and verbal abuse of inmates by certain prison officers were received, as were some allegations of inter-prisoner violence. On the latter point, the CPT stresses in its report that it will be difficult to effectively prevent instances of inter-prisoner violence with the extremely low number of prison officers that were present within the detention areas; the Maltese authorities are recommended to take urgent steps to fill the many vacant posts (50 at the time of the visit) with appropriately qualified staff and to provide prison officers with professional training, both initial and ongoing.

Conclusions and recommendations of the Committee against Torture

U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  -- Doc. A/55/44, paras. 41-45 (1999)

www1.umn.edu/humanrts/cat/observations/malta1999.html

[accessed 3 March 2013]

45. The Committee recommends that:

(a) The State party ensure that the envisaged new Asylum Act is consistent with the provisions of the Convention;

(b) The State party ensure that victims of torture are not dissuaded from lodging a complaint by any intimidation or threats, including threats of legal measures being taken against them;

AMNESTY INTERNATIONAL

From an old article -- URL not available

Article was published sometime prior to 2015

REFUGEES, MIGRANTS AND ASYLUM-SEEKERS - On 30 June, Mamadou Kamara, a 32-year-old migrant from Mali, died in custody. He had attempted to escape from Safi Barracks detention centre, and was allegedly severely ill-treated when recaptured. Two officers were charged with his murder and a third with perverting the course of justice. On 2 July, the Prime Minister appointed a judge to lead an independent inquiry into whether the individuals involved in Mamadou Kamara’s death had been negligent, had disregarded procedures or abused their powers. It was also to investigate whether the recommendations made by the inquiry into the death of Infeanyi Nwokoye in 2011 had been implemented.

The judicial investigation into the death of Infeanyi Nwokoye in April 2011 continued. Infeanyi Nwokoye, a Nigerian migrant, had died in hospital after being recaptured following an escape attempt from Safi Barracks detention centre. He had been living in Malta since 2006. His request for asylum had been rejected, and he was returned to the detention centre after documents needed for his deportation had been finalized. A government inquiry to examine the circumstances of Infeanyi Nwokoye’s death had published a summary of recommendations in October 2011.

Search … AMNESTY INTERNATIONAL

For more articles:: Search Amnesty International’s website

www.amnesty.org/en/search/?q=malta+torture&ref=&year=&lang=en&adv=1&sort=relevance

[accessed 8 January 2019]

Scroll Down

*** EARLIER EDITIONS OF SOME OF THE ABOVE ***

Freedom House Country Report - Political Rights: 1   Civil Liberties: 1   Status: Free

2009 Editiion

www.freedomhouse.org/report/freedom-world/2009/malta

[accessed 5 February 2013]

LONG URL   ç 2009 Country Reports begin on Page 21

[accessed 13 May 2020]

The judiciary is independent, and the rule of law prevails in civil and criminal matters. The Police Ordinance Act, which took effect in 2003, established a witness protection program and a mechanism for handling complaints about the police. Prison conditions generally meet international standards, although the Council of Europe’s Commission for Human Rights has objected to detention conditions for irregular migrants and asylum seekers. An independent report on the military’s violent 2005 suppression of a protest by detained immigrants raised concerns about the use of excessive force, recommending an internal military inquiry and better training for soldiers. In January 2008, a report was released by the European Parliament that the Hal Far detention center did not meet acceptable standards due to overcrowding and prolonged detention. However, the report also claimed that basic treatment of detainees was adequate.

Human Rights Reports » 2005 Country Reports on Human Rights Practices

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, March 8, 2006

www.state.gov/g/drl/rls/hrrpt/2005/61663.htm

[accessed 5 February 2013]

2009-2017.state.gov/j/drl/rls/hrrpt/2005/61663.htm

[accessed 4 July 2019]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law prohibits such practices, and there were no reports that government officials employed them.

All material used herein reproduced under the fair use exception of 17 USC § 107 for noncommercial, nonprofit, and educational use.  PLEASE RESPECT COPYRIGHTS OF COMPONENT ARTICLES. 

Cite this webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance & Other Ill Treatment in the early years of the 21st Century- Malta", http://gvnet.com/torture/Malta.htm, [accessed <date>]