access to justice Archives - Page 2 of 4

Shameful treatment of arrested migrants is a manifestation of institutionalised racism

NGO Statement – aditus foundation, Integra Foundation, Jesuit Refugee Service (Malta)

We strongly condemn the manner in which the Malta Police Force escorted a group of arrested migrants, including a number of minors, to Court this morning.

Publicly available images and videos show the arrested migrants brought to Court via one of Malta’s busiest pedestrian streets. All men were tied together in pairs with cable ties, seemed to be wearing the same clothes they had on when arrested yesterday and it was reported that some were without shoes. A large number of accompanying Police officers were wearing white sanitary gloves.

We believe this treatment to be inhumane and prejudicial to the presumption of innocence principle. International and European standards include the State obligation to ensure that suspects are not presented in Court or in public in a manner that infers guilt. This treatment also amounts to institutionalised racism since this way of parading accused persons seems to be reserved to non-Maltese nationals.

A busy day in Court…

Yesterday we had an intense day in Court with Carla and I handling three important cases: Lifeline, El Hiblu 1 and a gender recognition case. Two of these had successful outcomes and we’re waiting (as I type) for a decision in the third.

Gender recognition

Some weeks ago Carla had presented an application requesting the Court of Voluntary Jurisdiction to recognised the affirmed gender of a transgender man. The Gender Identity, Gender Expression and Sex Characteristics Act (GIGESC) states that, when a person has already availed oneself of the procedure to change one’s gender and/or name, the second change needs to happen through a Court application.

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.

Publication of our Compendium of Asylum Jurisprudence, Law & Policy

A collection of Maltese asylum case-law

The Compendium of Asylum Jurisprudence, Law & Policy – A Collection of Maltese Asylum case-law gathers the large collection of case-law decided by the Maltese courts and the European Court of Human Rights with respect to Malta in the field of asylum.

The Compendium is divided into six chapters. Chapter I on Procedural Issues takes into account the vast number of judgements that examined the nature of judicial review and constitutional review in the field of asylum and immigration, and the implications of challenging decisions by the Refugee Appeals Board and the Immigration Appeals Board.

Chapter II focuses on jurisprudence relating to asylum determination claims and highlights the restraints that our Courts have in reviewing decisions relating to asylum on the merits.

The examination on the grounds for detention, the remedies available at law for challenging detention and judgments on detention in the light of claims of breaches of fundamental right are tackled in Chapter III.

Chapter IV explores the importance of access to the territory and surrounding issues, such as border control and the principle of non-refoulement, and related judgements. The age assessment procedure is examined in Chapter V.

Finally, Chapter VI explores the content of and access to associated rights of beneficiaries of international protection in the light of the available Court jurisprudence and Ombudsman decisions.

Compendium of Asylum Jurisprudence, Law and Policy – Author: Carla Camilleri; Reviewed by: Neil Falzon

The Compendium is free of charge, however the costs of postage would need to be covered by anyone interested in receiving a copy by post. Charges for postage for both overseas and local postage for this publication is €3.50. Payment can be made via a number of options: click here for information on payment.

It is important to indicate your name and include the word “Compendium” in the narrative of your transaction. Please email: carlacamilleri@aditus.org.mt for more information.

The Compendium can also be accessed online here.

Ultimately, we hope that the Compendium strengthens the quality of those judicial decisions that determine the extent to which refugees are able to effectively enjoy their fundamental human rights.

We hope that readers of this Compendium will take from it the wealth of knowledge gathered in its pages, and also appreciate the struggles refugees face as they seek to secure their human dignity in Malta.

Dr. Neil Falzon

Director aditus foundation

This publication has been funded through the Small Initiatives Support Scheme managed by the Malta Council for the Voluntary Sector.

“Do I have a right to justice?” Improving access to legal assistance in Malta

The final event of the ATLAS project, held on the 28th April, 2017, provided speakers and participants alike the opportunity to discuss the issues relating to improving access to legal assistance in Malta.

Minister Helena Dalli, in her opening address, explained that legal aid is essential in order for individuals to have access to an effective remedy and that the current means threshold is effectively barring the majority from receiving such legal aid even in situations of abuse such as domestic violence. Mr. Tamietti, Deputy Section Registrar of the European Court of Human Rights, gave an in-depth commentary on the jurisprudence of the European Court of Human Rights relating to access to legal assistance in the criminal (Salduz v Turkey; Borg v Malta; Ibrahim and others v the United Kingdom), civil (Airey v. Ireland; Steel and Morris v. United Kingdom) and immigration (Maaouia v France; Khlaifia and others v Italy) fields.

Dr. Marc Sant, Head Advocate for Legal Aid within the Legal Aid Agency, outlined the provision of legal aid services in Malta, including eligibility criteria and the procedure for applying. An overview of recent changes, such as the recent set-up of the Agency and statistical data, were also outlined. Dr. Sant’s presentation can be accessed through this link: Legal Aid Agency Malta – Presentation.

Carla, project coordinator and assistant director of aditus foundation, presented the results of the ATLAS project and the main findings and recommendations that are contained in the final report on Access to Legal Assistance in Malta. The objective of the report was to analyse the availability and outline the importance of having access to legal assistance for individuals who cannot afford the costs of legal representation in Malta. The Report is divided into three Sections:

Section 1: highlights existing international and European human rights standards relating to access to legal aid and Malta’s obligations
Section 2: analyses the legislative, judicial and administrative implications of the Maltese legal aid system
Section 3: examines the provision of pro bono legal assistance and how it can support the formal legal aid system

Furthermore, together with the Report, a number of Factsheets were drawn-up which provide basic information on the right to legal aid, the right to a fair trial, the court structures and other equality bodies in Malta. These can be downloaded individually or as a package from aditus’ publication page under the Factsheet heading. Carla’s presentation can be accessed through this link: Access to Legal Aid Assistance in Malta – Assessment of the Legal Aid System in Malta.

aditus and The Critical Institute hope that the Report will stimulate the discussion for a continuing reform of the justice system in Malta. The aim is to increase access to justice for vulnerable and marginalised groups through a stronger and more efficient legal aid system and through better awareness and enthusiasm for pro bono work amongst lawyers.

If you believe that your institution, NGO or department would find hard copies of the report or the factsheet useful, please do not hesitate to contact us on carlacamilleri@aditus.org.mt

This project has been funded through the Voluntary Organisations Project Scheme managed by the Malta Council for the Voluntary Sector on behalf of the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties.