Safi riots shed light on inhumane 18-month detention policy

Additional reporting by Miriam Dalli

A riot instigated by asylum seekers inside Malta’s closed detention centre in Safi, to which journalists are not allowed access, is believed to have been started after the majority of some 271 detainees had their claims for protection rejected at the appeals stage, with the result of having their detention extended from 12 months to 18 months.

The protests of the day, which saw army and police riot squads enter the closed Safi compound to quell the agitation with tear gas, shine a light on the arbitrary policy of detention that is heavily criticised by the Council of Europe’s human rights commissioner.

The Maltese authorities detain migrants for a maximum duration of 12 months, if they have applied for asylum but have not yet received a final decision on their claims. If an asylum application is still pending after 12 months, the person is released.

However, if before this time their asylum claim for protection is rejected by the Commissioner of Refugees and then rejected by the Refugee Appeals Boards, their detention is automatically extended to 18 months.

This highly questionable policy seems to have created the perfect storm today, when 271 asylum seekers in detention received rejections to their claims that, in the most part, meant they would be further detained for a full 18 months.

This policy is at odds with the July 2010 judgement of the European Court of Human Rights against Malta in the case of Louled Massoud, relating to the 18-month detention of an Algerian asylum seeker, whose claim had been rejected at appeals stage before the 12-month detention period.

In this case, the Court noted that there were grave doubts as to whether the grounds for Massoud’s extended detention – ostensibly with a view to deport him – remained valid for the entire period of detention, because his expulsion was not a realistic prospect.

Since the internationally-criticised deportation of 220 Eritreans in 2002, Malta has never deported any rejected asylum seekers to the Horn of Africa countries.

The Maltese authorities have on several occasions stated that mandatory detention is necessary as a deterrent and to “ensure public order”, while also to carry out repatriation.

But it is questionable as to how public order can be maintained under the 18-month detention mechanism, as today’s riots in Safi and previous ones show.

The CoE’s Human Rights Commissioner, Thomas Hammarberg, has in the past urged the Maltese authorities to execute rapidly the judgment of the Strasbourg Court rendered in the case of Louled Massoud.

But the Maltese government is currently engaged in drawing up a report to the Council of Europe’s department for the execution of judgements, to challenge the effects of the binding judgement on Maltese law.

Government statement

In a statement issued by the Ministry for Justice and Home Affairs this evening [there was no press conference organised for journalists]

said 23 detainees “identified as the most violent during the riot” would be arraigned shortly. 

The ministry said that of the 271 protesting asylum seekers, 148 were amongst arrivals who fled Libya back in March and whose claim for protection had been rejected on appeal.

Since 28 March, 1,535 migrants entered Malta mainly from Libya. By July, 722 claims had been processed, with 574 being given some form of protection while 148 were rejected.

The ministry said these figures showed “the work of the asylum determination process was proceeding speedily.”

“Those who deserve some form of protection received it relatively quickly, but there is no exception for those who do not deserve protection,” the ministry said.

Riot squad called in

In a description of events relayed by the ministry, the government said that at 7:15am at Safi’s warehouse 1, two detainees climbed over and sat on the barbed wire fence in protest.

Joined by another two, the detainees complained that they were being held in detention even though they were minors. On this fact alone, the Refugee Commissioner confirmed to the ministry that the two claimants had been found not to be minors by the age assessment team, back in April 2011.

The two protestors later climbed down the fence after this information was communicated to them.

At the same time however, a sizeable amount of detainees – 271 – started protesting against the news that their asylum claim had been rejected on appeal.

“The migrants became violent and started throwing sewage to whoever went close to them, even though the Head of Detention Services [Lieut. Col. Brian Gatt] tried to negotiate with them,” the ministry said.

“The situation escalated as the majority of the 271 immigrants at Warehouse 1 were involved in an unprovoked uprising as they assaulted the fence, hurled sizeable stones at Detention Services workers and soldiers, broke beds and walls to arm themselves and burnt skips. They also managed to open a hole in the fence and went out from there.”

The ministry said that riot squads from the Armed Forces and Police brought the situation under control “in a controlled manner” at around noon.

15 police officers and three soldiers were slightly injured during the operation and were given assistance on the place by an army doctor. One detainee was also slightly injured and subsequently taken to a polyclinic for care.

The ministry also reported that the fence suffered extensive damage and a new hut used by the guards was broken together with a number of beds, wooden partitions, and windows at Warehouse 1. Two skips were set on fire. The windows of an army workshop and a number of vehicles parked inside were hit by stones thrown by the detainees.

Asylum seeker speaks out

One asylum seeker who covered his face with a white shirt so as not to be identified, told MaltaToday during the day's protest that he had fled Libya when the war broke out, leaving behind him his wife and children.

He claimed that “Malta had taken away my mobile phone and money” and that the country “is like Libya and not Europe”.

Other asylum seekers said they wanted to leave the island and go to Italy.

Another one asked journalists: “How would you feel if you were put in detention for six months?” 

Asked what would they do should they be given freedom - even though they had no money - the asylum seekers said they would ask for their money back and seek work.

As protesters were handcuffed and taken to the Police Depot for interrogation, the asylum seekers started shouting “they want to take our brothers to prison.”