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Report on the periodic visit to Malta in May 2008 and response of
the Maltese authorities
(treatment of prisoners, detention centres for irregular migrants, and
access to a lawyer during police custody)
40. The findings made by the CPT’s delegation at the Corradino Correctional
Facility, Malta’s only prison, were of such scope and seriousness that the Committee
recommended the carrying out of an independent and comprehensive audit of the
establishment. The most important concerns included the absence of a qualified
Prison Director, an inadequate number of trained staff, and the existence of informal
power structures within the prison, thereby placing numerous inmates in a
submissive position vis-à-vis gang-type practices and allowing a considerable
amount of drug trafficking.
Arrangements for the provision of health care to prisoners also left a great deal
to be desired; the report contains a series of recommendations on this subject. And
serious concern is expressed about the practice of occasionally detaining children
under the age of 16 at the establishment. As regards the conditions of detention, the
CPT’s delegation found that significant efforts continued to be made to improve the
quality of prisoner accommodation; nevertheless, much remained to be done in
several parts of the prison. Similarly, the situation as regards activities for prisoners,
including those serving long sentences, was not satisfactory.
In their response, the Maltese authorities place particular emphasis on an audit
carried out by a newly created Board of Inquiry, whose recommendations reiterate
many of the issues raised in the CPT’s report. The authorities commit themselves to
implementing the recommendations and also make reference to ongoing
refurbishment projects in the prison as well as to initial steps towards the
replacement of police officers by prison officers in the establishment.
41. The situation found in the three centres visited for persons detained under the
Immigration Act had not substantially improved since the CPT’s previous visit in
2005. Detainees continued to be held for prolonged periods in poor, if not very poor,
material conditions and with a total absence of purposeful activities.
In addition to recommendations aimed at improving the conditions of
detention, the CPT requests the Maltese authorities to refrain from accommodating
detainees at the Hermes Block at Lyster Barrack’s Detention Centre pending its
refurbishment, and to replace the tent compound at the same centre by a permanent
structure. More generally, the CPT calls upon the Maltese authorities to move away
from a crisis management approach based upon temporary solutions and, instead, to
focus on durable, long-term solutions to the problems identified by the Committee.
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