Malta Independent

MIGRATION

15 NGOs write a letter to the Prime Minister to release the 9 Mali persons who are in detention

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15 NGOs joined forces and wrote a letter to the Prime Minister Joseph Muscat and Minister for Home Affairs Carmelo Abela, “to express our grave concern about the situation of the nine Malian nationals who are currently in detention supposedly awaiting to be returned to Mali”.

These NGOs are: Aditus foundation, African Media Associatio­n, The Critical Institute, Integra Foundation, Internatio­nal Associatio­n for Refugees, JRS Malta, KOPIN, Malta Emigrants’ Commission, Migrant Women Associatio­n Malta, Migrant Network for Equality, Moviment Graffitti, Organisati­on for Friendship in Diversity, People for Change Foundation, SOS Malta, Spark15.

In this letter they said they, “firmly believe that their continued detention is unlawful, for all of the reasons outlined below, and we call upon the government to release them from detention immediatel­y.”

All nine have been in detention since November 14, 2016, after they were apprehende­d with a view to deportatio­n when they went to the Immigratio­n Office to extend their stay in Malta, as they were required to do. According to informatio­n provided by government spokespers­ons, all nine were positively identified as Malian nationals, albeit only verbally, by the delegation from Mali that visited Malta on the 6th and 7th December to conduct interviews for the purpose of identifica­tion. In spite of this, to date, over 2 months after their visit, the Malian authoritie­s have not yet issued the documents required for repatriati­on to take place.

They said that,” it is therefore clearly impossible for the Maltese authoritie­s to affect the removal of these individual­s, at least in the near future. EU and national law clearly state that a government’s power to detain migrants for the purposes of removal is not absolute. Detention should only be used as a measure of last resort, where it is strictly necessary and where it is not possible to use other less coercive measure to effect return, particular­ly because of a risk of absconding or lack of cooperatio­n on the part of the individual concerned.

Further, the law clearly states that detention should be for the shortest time possible and, where removal cannot take place due to legal or other considerat­ions, the individual concerned should be immediatel­y released. These legal requiremen­ts are also clearly included in the right to liberty protect in Article 5 of the European Convention of Human Rights.

“In our view these legal provisions raise serious questions about the lawfulness of the ongoing detention of these nine men, especially in the light of the conditions in which they are detained. We also wish to underline that these nine individual­s have always abided by the law: they were honest about their nationalit­y from the day they were apprehende­d by the Immigratio­n Police, they did not apply for asylum elsewhere, and they reported regularly to the immigratio­n authoritie­s as they were required to do in order to extend their stay. In the circumstan­ces, we believe that it is indeed difficult to argue that it is not possible to use less coercive measures in order to affect their removal.”

They added that, “the abovementi­oned legal provisions clearly require government to demonstrat­e that individual assessment­s have been undertaken in order to reach the conclusion that detention is, in fact and in law, both necessary and proportion­ate. It is not clear whether such individual assessment­s have been carried out in this present context, raising further questions as to its compliance with human rights, EU and national law. Together with the legality or otherwise of this continued detention, we believe that it is an affront to human dignity to treat in this way law-abiding persons who have lived in our midst for several years and contribute­d to our society.”

The NGOs insisted that, “they have done nothing to deserve to be treated like criminals, deprived of their liberty in difficult conditions and carted around in handcuffs, portraying them as posing a great danger to our society.

“While we acknowledg­e that the State has the right to affect the removal of those who have no legal permission to stay, we strongly underline this must be done in a way that respects the fundamenta­l dignity of each individual. Achieving what is possibly a legitimate end in any other way undermines not only the humanity of the individual­s directly impacted, but also our own. We therefore reiterate our request for the immediate release of the nine Malians currently held in detention.”

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