detention Archives - Page 3 of 12

Towards ending detention of migrant children: 2 upcoming events

On 23-24 January, the International Commission of Jurists (ICJ) will hold two events in Brussels on the impact of immigration detention on children and on alternatives to detention for migrant children. On-line participation is also possible!

The events mark the end of the CADRE project, which the ICJ implemented jointly with national and international partners over the last two years. The project sought to promote the expansion, implementation and improvement of alternatives to detention for migrant children in full respect of their rights in the EU and to contribute to ending the resort to detention of children in migration.

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.

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.

Pride but not much Protection!

The story of two LGBTIQ+ clients: Ali & Ashraf

Facts

Ali and Ashraf* are two vulnerable LGBTIQ+ individuals, who faced sexual violence in their countries of origin as well as during their journey to Europe. They were referred to us by their social workers and doctors who they grew to trust over the course of a few months. Both Ali and Ashraf came from what are deemed to be “safe countries“** of origin.

On arrival in Malta they applied for asylum and were passed through a fast-tracked procedure due to the fact that they came from “safe countries”. The procedure was carried out when both, although extremely vulnerable, were being detained in Safi Detention Centre. They were not given any information prior to the asylum interview. Consequently, they did not mention that they are LGBTIQ+ individuals in fear of the consequences of making such statements, being unware of Malta’s position on the matter, and also in fear that they could be at risk of harassment or violence should the other detainees find out.

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).