detention Archives - Page 5 of 12

Malta still detains children with adults in Safi Detention Centre

We remain very concerned that Malta continues to detain children with adults in Safi Detention Centre.

On 18 March 2022, our lawyers appeared before the Immigration Appeals Board on behalf of three minor Bangladeshi asylum-seekers. The three young men had arrived in Malta on 25 December 2021, after being rescued by the AFM at sea following their shipwreck. Shortly after, they had indicated being minors to the authorities. Despite that, they were kept in detention with adults for nearly 3 months.

During one of our routine call to detention in early February, adult Bangladeshis who were detained in the same block as minors informed us of the presence of the children. Our met the three young men on 6 February and decided to challenge their detention before the Immigration Appeals Board.

Malta’s unfair detention and asylum policies put refugees at risk of being returned to their countries

A case filed by aditus foundation lawyers on behalf of a Bangladeshi journalist was recently communicated to Malta by the European Court of Human Rights. Following the communication, Malta refused to settle the issue with the applicant. The Court had invited Malta to grant international protection to the applicant and close the case, but the Government refused and the case is now before the Court. The case is based on our assessment that Malta’s unfair detention and asylum policies put refugees at risk of being returned to their countries.

Ahmed’s story

Ahmed* is a Bangladeshi journalist who fled his country in 2019 after being targeted by the ruling party during the elections. He arrived in Malta by boat in September 2021 and sought protection here. As soon as he arrived he was taken to Malta’s detention centre, where he remained for the whole duration of his asylum procedure. Throughout this time, more than a year, he did not have proper access to a lawyer.

Three Children Released From Illegal Detention Following Court Action

They had been detained illegally for 58 days.

On Friday 21 January, lawyers from aditus foundation secured the released of six men from their illegal detention at Safi Barracks. Three of them were children, as also confirmed by the Government’s agency responsible for assessing the age of unaccompanied children reaching Malta. In a similar Court application filed the same day by another detained young man, also represented by aditus’ lawyers, the Court of Magistrates regretfully failed to require the Government to explain the legal basis for his detention at Safi Barracks.

The first application filed by the seven men was rejected on a pure formality, yet the immediate release of six of them was quickly confirmed by the same Government entities that, just a few minutes earlier, had denied having the legal authority to detain them. Although we remain baffled at this twist in events and in the dark as to who exactly was detaining them, we cannot hide the immense joy we felt when the six left the Court as free men.

Our Junior Legal Officer attended an advanced course on strengthening international protection

In October three of our lawyers attended an advanced course on strengthening international protection. Neil (Director), Alexis (Legal Officer) and Mireille (Junior Legal Officer) spent 3 days in Marseille participating in engaging discussions and workshops, whilst also networking with our friends and colleagues in other Member States.

Why do we attend these events? What are the benefits to our work, and to our beneficiaries?

Alternatives to detention discussed in legal training

Between 1 and 2 October, aditus foundation’s staff participated to the European Legal Network on Asylum (ELENA) Advanced Course 2021: ‘Strengthening International Protection in Europe and Thinking Ahead’ training organised in Marseille by the European Council on Refugee and Exiles (ECRE).

The training was attended by legal practitioner and members of the ELENA network, which brings together a wide range of actors in the field of migration and asylum. It provided valuable input in key topics surrounding the current legal challenges in migration and asylum faced by legal practitioners all around Europe. Our interest was to focus on alternatives to detention as a key point for legal training.

On aditus’ side, the event was attended by Director Neil Falzon, Legal Officer Alexis Galand and Junior Legal Officer Mireille Boffa.

Specific workshops aimed at tailoring the comprehension of these key topics were held throughout the two days event. The workshops on alternatives to detention was of particular importance to aditus’ lawyers as they are confronted daily with the legal challenges surrounding detention.