ECHR Finds Malta In Violation Of Fundamental Rights Of Bangladeshi Asylum Seekers
The European Court of Human Rights (ECHR) has found the Maltese state in violation of the fundamental rights of six Bangladeshi nationals, who were detained with adults despite being unaccompanied minors.
The court handed its judgement in the case of J.B. and Others v. Malta. The applicants, who claimed to have been minors between the ages of 16 and 17 years at the time, arrived in Malta in November 2022 with a group of around another 40 persons who were rescued at sea.
The applicants were detained in the Ħal Far Initial Reception Centre for almost two months after their arrival, then for at least another four months in the Safi Detention Centre.
The ECHR ordered the Maltese government to pay one applicant €9,000 and the rest €15,000 each, as well as €6,000 jointly to all applicants in damages and legal expenses. The applicants were represented by the human rights NGO Aditus.
It found that Malta was in violation of Article 3 (prohibition of inhuman or degrading treatment), Article 13 (right to an effective remedy) taken in conjunction of Article 3, Article 5 and 1 (right to liberty and security), Article 5 and 4 (right to have lawfulness of detention decided speedily by a court).
Five of the applicants were released in May 2023 and accommodated in an open centre for minors, while the remaining applicant who was found to be an adult, left Malta in August 2023 after his application for asylum was rejected.
The court noted that, in respect of all the applicants but J.B, despite being presumed minors, the applicants were hosted with adults for around two months in Ħal Far. Their detention arrangements were only changed after the Court issued an interim measure to the government.
The Court found that the information provided lacked enough detail to substantiate the applicants’ allegation of overcrowding in that centre. However, their remaining submissions were supported by the CPT 2021 report, which noted: “Some of the bathrooms had no doors and, …, some of the showers and wash basins were blocked … Many of the detained migrants underlined that they had no access [to] any purposeful activities, no television, no access to the telephone, and were not offered access to the single exercise yard. Migrants spent 24 hours per day locked [i]n their units with nothing to structure their days for months on end.”
The ECHR said the Maltese government had to ensure that legislation was put in place for the Immigration Appeals Tribunal to conform with the requirements of independence and impartiality as regards the appointment of its members and their term of office, to ensure guarantees against outside pressure, and to be seen to be independent.
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