The European Court of Human Rights has once again condemned Malta for its treatment of asylum-seekers, particularly vulnerable children, in a ruling delivered on Tuesday, in the case of J.B. and Others v. Malta. The Court criticized Malta’s detention practices, highlighting the harsh conditions faced by the applicants, five of whom were children, and the lack of justice for victims of human rights violations.
Lawyers from the aditus foundation represented the six asylum-seekers, who were detained for 182 days following their arrival in Malta in November 2022. Despite informing authorities of their minor status, they were detained with adults in inadequate conditions at the ฤฆal Far Initial Reception Centre (HIRC) and later in the Safi Detention Centre. It took until May 2023 for authorities to confirm their ages.
The European Court expressed grave concerns over the conditions in which these children were held, referencing a 2021 report by the Committee for the Prevention of Torture. The report described unsanitary and degrading conditions, including blocked showers, lack of privacy, and a complete absence of meaningful activities or education for detainees. In its judgement, the Court also criticized Malta’s failure to provide effective legal remedies for human rights violations, calling the country’s constitutional proceedings “ineffective.” It expressed concern over the lack of transparency and technical expertise in the Immigration Appeals Board (IAB), which it deemed a “political appointment.”
The ruling is the latest in a series of judgements highlighting systemic failures in Malta’s asylum and detention policies. The Court urged Malta to reform its legislation to align the IAB with human rights standards and provide adequate procedural safeguards for vulnerable groups.
The Court found that five of the applicants were subjected to inhuman or degrading treatment and that their detention was unlawful. The applicants were awarded financial compensation, though the final outcome is pending. For the children involved, this ruling marks a significant victory in their fight for justice against a European Union Member State’s flawed migration policies.
Aditus Foundation, which represented them, vows to continue advocating for reforms to Malta’s detention practices and broader migration system.
Newsroom
Leave a Reply