Magistrate blasts 'abusive and farcical' migrant detention practice

A court ruling on a habeas corpus application has condemned the policy whereby migrants are sent into detention when there is no space at open centres and no alternative accommodation is readily available as “abusive and farcical”.

Last week four men, one detained at the Safi centre and three others at Lyster Barracks, had filed urgent court applications, requesting immediate release.

The applicants explained how, after being rescued at sea on June 7, they had been taken to the detention centres, without any explanation and without being given any documents to justify their detention.

They claimed to have later been taken to a clinic for a medical checkup but had still not been formally informed of the reasons for their detention after 166 days.

The applications for the urgent habeas corpus proceedings were decided by Magistrate Victor Axiak. Police representatives had confirmed to the court that the detention of all four applicants had not been ordered by the police commissioner.

Magistrate Axiak observed that the cause of this situation was a practise adopted, whereby whenever there was insufficient space to accommodate them at the open centres, newcomers were taken to detention centres, “against their will and

simply because they have no alternative accommodation.”

Condemning this practise as “abusive and farcical”, the court ordered the migrants’ immediate release, stating that their continued detention had no basis in law.

It also noted that the four migrants were being offered temporary accommodation by Aditus Foundation, until an alternative solution was found. The court also ordered that its decree be served upon the Attorney General and the Minister for Home Affairs, National Security and Law Enforcement.

The decision comes a month after a similar judgment by Magistrate Natasha Galea Sciberras who had ordered the immediate release of a migrant who had been illegally detained for 144 days.

The applicants’ lawyer, Neil Falzon, on behalf of Aditus Foundation, welcomed the new decision, saying Aditus “strongly welcome the court’s use of the adjectives ‘abusive and farcical’ to blast the human rights mess created by the Government.”

“Malta refuses much-needed support from the European Union to create more space for refugees, and then locks up people because of this very lack of space. Abusive and farcical indeed.”

“It is a great comfort for us and for our clients to confirm that justice is indeed possible through our Courts of Law. We will bring case after case until the Government decides to engage in dialogue with us to seek a humane solution to the current crisis.”