Our key cases are now online!

We’ve just uploaded our key cases to our Publications page. Under the heading ‘Our cases’, you’ll now find the documents relating to the prominent cases we’ve brought before various tribunals and Courts. We’ve only uploaded finalised cases, meaning for now you won’t find anything relating to, for example, the Captain Morgan case.

In the section you’ll find key cases where we represented children challenging their detention before the Immigration Appeals Board, as well as habeas corpus decisions taken by the Court of Magistrates. Under Maltese law, a habeas corpus application may be filed by any persons who wishes to question the legality of their arrest and/or detention. This is an extremely urgent procedure, as it understands the mere potential of a person being detained in violation of the law. We’ve brought several such applications, mostly successful, against Malta’s terrible detention regime.

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Another successful Habeas Corpus for two men illegally detained for 42 days

Yesterday, yet again, we filed an emergency application for the release of two clients who had been held in detention illegally in Ħal Far & Safi Barracks for over 40 days. The Court of Magistrates, during yesterday’s sitting, ordered the immediate release of Awais Mohammed and Hasan Ali, after hearing the arguments put forward by both parties and ruling that indeed the detention was not based on any ground at law and was thus illegal. This was yet another successful habeas corpus filed by aditus foundation for illegally-detained persons.

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Immigration Police Arrest 2 Minors Hosted in Shelter for Children

Minors being hosted in the Dar Il-Liedna open shelter for unaccompanied children now live in fear of being arrested and detained at any moment following the arbitrary arrest of two Bangladeshi minors by the Principal Immigration Officer (PIO), based on controversial evidence that they were allegedly adults. 

The two teenagers had been rescued at sea by the Armed Forces of Malta (AFM) and were disembarked in Malta on the 26th of May 2022.  They were directly taken to detention in the so-called “China House” detention centre in Ħal Far and declared that they are minors at a later stage. They were released on the 21st of June 2022 after being confirmed as minors following an interview with social workers from the Agency for the Welfare of Asylum Seekers (AWAS) which is the Agency responsible for carrying out such assessments for unaccompanied minors (UMAS). 

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Asylum in Europe: the situation of applicants for international protection in 2021

New publication!

The European Council for Refugees and Exiles (ECRE) released its comparative report on asylum for 2021, drawing on findings from the AIDA reports.

The reports notes that Malta is amongst the countries which implemented unlawful border practices hindering the possibility for persons in need of protection to cross European borders with records of illegal push-backs and refusal to carry out rescues at sea.

The report also notes that Malta is amongst the countries where the family reunification procedure is restricted to refugee status holders and where the procedure is particularly lengthy and complex with many administrative obstacles often hindering the right to family reunification for refugees.

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Visiting the United States to discuss strategies for protection of minority rights

I am currently in the United States on an International Visitor Leadership Programme (IVLP) looking at how to strategise to better advocate for minority rights. I will be here for a total of three weeks, visiting Washington D.C., Montana, Oregon and San Francisco. Throughout the three weeks, we will be meeting State officials, NGOs and academics to discuss the current global situation in relation to minority rights and how we can better advocate for their protection.

At the moment I am in Washington D.C., part of a small group composed of other European human rights leaders. Our group is a mixed one, including human rights lawyers, an anti-discrimination official, an anti-Semitism educator, a Romani activist, a municipal consultant, a ‘LGBTIQ+ Muslim’ activist and a member of the Sami Parliament. We are all committed to advancing minority rights and so far our discussions – in meetings but also over beers and food – have exposed us all to the realities faced by the groups we work with and for.

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