5-year Schengen Entry Ban issued against a young mother for overstaying 21 days

Katerina’s Story

Facts

Katerina*, a Macedonian national and single mother of two young children, entered Malta legally and applied for a work permit in 2016. She was legally allowed to stay in Malta until a decision on her application and subsequent appeal was taken. Throughout that year, her two minor children aged four and six were attending school in Malta and finished their scholastic year in June 2017.

The whole process ended with a final rejection one year later in the beginning of July 2017, after which she voluntarily bought three plane tickets to return to her country mid-July. She overstayed in Malta for merely 21 days, in order allow her children to finish their scholastic year and to get things packed.

On the day of her flight, she was stopped by Immigration Police as she and her children were boarding the plane at Malta International Airport. An Immigration Police Officer issued a Return Decision accompanied by a Removal Order, together with a Schengen re-entry ban** of five years. She was then asked the by same Officer to sign a paper waiving her right to appeal as she was told that if she didn’t sign it then her return might be delayed.

At at that point, Katerina was being held by Immigration Police, pre-flight with her two minor children and was afraid of being held for longer periods of time at the airport. She was in an extremely vulnerable position. She signed the document and returned to Macedonia.

As a result of this, our client was banned from entering the European Union for 5 years, irrespective of the reason for travel. She was offered a web design job in Berlin which she had to decline due her ban and she could not travel even for tourist purposes with her children in Europe.

Our role

  • We filed an appeal with the Immigration Appeals Board (IAB) on the basis of the fact that our client was returning voluntarily, that there was no individual assessment that took into account that she only overstayed for a short period, and that she did not pose a public security risk. In our appeal we requested the IAB to withdraw the ban on re-entry. Our client received a negative decision from the IAB 15 months later.
  • We corresponded with Immigration Police for over 12 months, requesting a lifting of the ban. The ban was finally lifted by Immigration Police after two years.
  • We filed a complaint before the EU Commission for a breach of EU Law, namely Article 47, the right to an effective remedy, of the Charter of Fundamental Rights and Articles 7(1), 11(2) and 13(1) and (3) of the Returns Directive (2008/115/EC). This complaint is currently ongoing.

Results

  • Our client can now freely travel to and take up employment in all European Member States with her two minor children.
  • DG Migration and Home Affairs within the European Commission is examining the complaint in order to determine whether infringement proceedings should be opened against Malta.
email from client after lifting of the ban

* Her name has been changed to protect her identity.
**Schengen re-entry ban: a decision prohibiting entry into and stay in the territory of European Member States. 


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Book Launch: Our Island II: Personal Accounts of Refugees in Malta

There are circumstances you find yourself in that absolutely strip you of all human dignity. It is a painful thing.

When people look at refugees…sometimes they’ve been through so much, just let them be. They don’t want to trouble you. They just want to fit in.

I know the feeling because that’s what I have always wanted, just a place I can say, “Look, I’m home.”

Nicky

Our Island II: Personal Accounts of Refugees in Malta gives space to 12 refugee and migrant stories to speak for themselves. It presents stories reflecting differences in the time spent in Malta, cultural and national background, gender, sexual orientation and gender identity, age, education and profession and family composition, here and away.

Our Island II also attempts to span a wide range of emotions and experiences: the anxiety caused by being locked up, surprise at a Maltese woman’s flirtatiousness, peer pressure within one’s own ethnic community, helplessness at being perpetually undocumented, pure joy at being united with family members, stress due to the constant need to ‘integrate’.

So when we said we were going to get married, some people were thinking, “An African marriage? How could it be nice?” But as soon as they arrived at our wedding, they were surprised at how people were, and at how people dressed…

People wore traditional clothes, and just like my boss, they were all dancing! When African music is put on, you not only want to listen, you want to move!

That’s why it was so much fun.

Ousman

12 stories: Nicky, Adil, Farah, Michael, Mary, Sekou, Agnes, Omar, Emad, Dursa, Hana, Ousman. Well, 11 stories and Emad’s poem. As you read through the stories, you will be invited into 12 very different worlds. You will get to know our contributors and be given a glimpse of their lives in Malta. They are indeed very different worlds, yet united by possibly two significant elements: the relationship between Malta and all narrators is based on otherness; and their protagonists are, quite honestly, regular people.

Our Island II will be launched on the 10th May 2019 at the Casino Maltese, Valletta. For more information email: info@aditus.org.mt.



Visit our brand new project pages!

Support Services for Newly-Arrived Asylum-Seekers

Project Description

The project will focus on supporting newly-arrived asylum-seekers. The rationale for this stems from an understanding that providing this group with sufficient information and guidance as soon as possible not only seeks to empower individuals and support their self-reliance, but it also reduces the administrative workload of government entities in dealing with subsequent queries and misinformed applicants.

Follow this link to know more: 
https://aditus.org.mt/support-services-for-newly-arrived-asylum-seekers/


Article 12: Right to Marry

Project Description

This SIS-funded project will focus on raising awareness and advocating for the right of persons who are in an irregular situation in Malta to marry. 

Follow this link to know more: 
https://aditus.org.mt/article-12-right-to-marry/


National Media Report on the representation in the media of suspects and accused persons

Project Partners: Hungarian Helsinki Committee (Lead Partner), aditus foundation, Fair Trials Europe, Human Rights House Zagreb, Mérték, Rights International Spain, Vienna University. Supported by: This project is funded by the European Union’s Justice Programme (2014 – 2020)

According to EU Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceeding proceedings, Member States must ensure that suspects and accused persons are not presented as being guilty, in court or in public through the use of measures of physical restraint such as handcuffs, glass boxes, cages and leg irons.

aditus, together with the Hungarian Helsinki Committee and partners (Fair Trials Europe, Human Rights House Zagreb, Mérték, Rights International Spain and the Vienna University), have been working together to increase knowledge and sensitivity to the presumption of innocence among professionals and the public. The Importance of Appearances: How Suspects and Accused Persons are presented in the Courtroom, in Public and in the Media project page can be accessed on this link.

Over the past year the aditus team, coordinated by our Assistant Director Carla Camilleri, has been carrying out a media review in order to collect and analyse data on the media representation of suspects and accused persons at all stages of the arrest and subsequent legal proceedings in Malta. This process included a sampling phase spanning a number of months of all news reporting relating to arrests of suspects or criminal court proceedings in printed newspapers, online portals and TV broadcasts in both the Maltese and English language press. The ultimate purpose of the research was to identify good and bad practice regarding the presumption of innocence in various sectors of the media. Stories were selected and coded by all project partners in their respective countries in accordance with the guidelines and procedures developed by the Vienna University team.

The results of the Maltese media review were collated into a National Media Report, which can be read in full here. The Report gives an overview of the laws, legal guidelines and legal framework relating to the media and criminal justice. It also gives a contextual outline of the media landscape in Malta, focusing on printed media and their websites, online news portals and also television broadcasts.

In the course of the research, the main legal provisions regulating the portrayal of suspects in the media that were identified are the following:

  • Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs: persons accused of criminal matters should not be projected as if they are already found guilty and the principle of presumption of innocence must be fully respected. Trial by the media before any court judgement is delivered must be avoided at all times and care should be taken to avoid broadcasting repetitive footage that might prejudice the accused’s right to a fair trial.
  • Juvenile Court Act: newspaper reports, or sound or television broadcasts are prohibited from revealing the name, address or school, or include any particulars that may lead to the identification, of any child or young person under the age of 16 in criminal proceedings. The publication of any picture in any newspaper or on television as being or including a picture of any child or young person in any criminal proceedings, before the Juvenile Court and also the Criminal Court, is also prohibited.
  • Code of Journalistic Ethics: all reports of crimes and court proceedings should be strictly factual and a clear distinction should be made and explained between the facts and the expression of opinion. The naming of minors in court reporting is prohibited.

The findings of the media review of the reports and broadcasts from the selected television programmes, newspapers and online websites resulted a number of trends that may negatively influence the perception of suspects or accused persons as guilty. In this regard, a worrying trend was noted in relation to the use of images and film of the suspect on entering the Court building. Several incidences were recorded in which suspects were led by the Police through a pedestrian area and into the Court buildings through the front doors, as opposed to the back entrance. In this way reporters and journalists would publish or broadcast photographs or footage of suspects being led into Court handcuffed and escorted by a number of police officers. The negative portrayal of suspects or accused persons could potentially influence a person’s perception of their guilt and any future trial.

In one extreme example, a suspect was charged in Court the day after he was arrested, wearing a white forensic suit with his hands handcuffed behind his back. The suspect was made to walk in a busy pedestrian area, escorted by 3 police officers and enter the Court through the front doors as opposed to through the back entrance

Suspect being escorted to Court through a pedestrian street handcuffed and in white forensic suit

The research also highlighted that reporters and journalists from all media types consistently made explicit reference to the ethnicity and nationality of the alleged perpetrators. Frequently, the headlines would use nationality as the descriptor, for example “A Serb”, “Two Syrians” or “Russian with Maltese citizenship“, whilst no further descriptors are used for Maltese suspects, for example “double murder suspect still to be questioned”.

The use of visual representation which shows police officers, handcuffs and otherwise threatening representation of the defendants is also very common to newspapers, online portals and television broadcasters. However, it was also noted that only a few examples in which explicit reference to previous convictions were mentioned, whilst no explicit reference to guilt of the defendant were found in the sampled reports.

In the coming months an in-depth report on the legal framework regulating the use of restraining measures on suspects and accused persons, which also includes practical experiences of stakeholders in the field, will be published.

For more information contact our project contact point, Carla (carlacamilleri@aditus.org.mt). You can also Subscribe to our News and Updates to be kept updated on this and all other projects and initiatives.

Measures of Restraints


Voice for Choice – L-Għażla Tagħha

aditus foundation is one of the 6 civil society organisations which formed the first pro-choice coalition in Malta launched on the 8th March 2019. The coalition was set-up to lobby for the decriminalisation of abortion and to raise awareness in the community to combat the stigma that surrounds abortion.

Press Release – 8th March 2019

Voice for Choice is the first Maltese pro-choice coalition made up of civil society organisations and individuals who together want to campaign for reproductive rights and justice in Malta. We are grassroot organisations that represent various sectors of our society, as well as individuals that are passionate about reproductive health and rights.

Abortion continues to remain criminalised in Malta in all circumstances. We know that the reality is that women in Malta are still seeking and having abortions. However, this comes at both a financial and a social cost, as well as at the cost of their physical and mental health, as these women continue to live in fear, stigma and shame in our society.

In the last decades Malta has made great strides to be a more inclusive society. It is therefore time that the laws related to abortion follow suit so as to reflect the reality of people’s lives. We are here to ensure that all pregnant persons, irrespective of their gender, ethnicity, beliefs or age are supported, respected and protected whatever their choices.

Voice for Choice today launches its campaign to:

  • strive for a society based on equal respect and justice free from discrimination for all genders and minority groups;
  • ensure that barriers in accessing sexual and reproductive health and rights are removed;
  • promote equality in the area of sexual and reproductive health and rights;
  • remove shame and stigma related to sexual and reproductive health and rights.

We intend to achieve these goals through campaigning for the decriminalisation of abortion and advocating for laws that ensure that the health of pregnant people is protected and in line with international human rights standards through proper abortion care.

We will further strive to educate and debunk the myths surrounding abortion by providing factual information about sexual and reproductive health and rights.

To this aim, we will be organising activities to raise awareness in the community and combat the stigma and shame surrounding abortion, and providing up to date information to support evidence-based policy. Starting tomorrow, we will roll out our first social media campaign entitled “30 abortion myths: Get the facts straight’’.

Voice for choice will also be organising an annual event to commemorate ‘International Safe Abortion Day’ on the 28 September of each year.

Contact details:
Email: vfcmalta@gmail.com
Facebook: www.facebook.com/V4CMalta/

Founders:

Women’s Rights Foundation
Moviment Graffitti
Malta Humanist Association
Integra Foundation
aditus foundation
Men Against Violence

Individual co-founders:

Francesca Fenech Conti and Jelena Dimke, admins Women for Women
Liza Caruana-Finkel

Doctors for Choice Malta officially joined the coalition on the 9 May 2019.