Convention Abbreviation: CAT
COMMITTEE AGAINST TORTURE
23rd Session
8-19 November 1999
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Malta
41. The Committee considered the second periodic report of Malta (CAT/C/29/Add.6)
at its 393rd, 396th and 398th meetings on 9, 10, and 11 November 1999
(CAT/C/SR.393, 396 and 398) and adopted the following conclusions and
recommendations.
1. Introduction
42. The Committee notes that the report had been submitted with a delay
of two years, it was brief and it was not in complete conformity with
the June 1998 guidelines for the preparation of periodic reports. However,
the report, was supplemented by an extensive and informative oral presentation,
updating it, by the representative of the State party, as well as by
the complete answers to questions raised by the Committee members.
43. The Committee realizes the difficulties for small countries to comply
with their reporting obligations, yet it wishes to emphasize that complete
written information is necessary to facilitate its assessment of the
implementation of the Convention.
2. Positive aspects
44. The Committee welcomes the following developments:
(a) The improvement of correctional facilities and, in particular, the
arrangements for the housing of illegal immigrants in dormitories formerly
used by police staff;
(b) The entrusting of the supervision of asylum seekers to the ordinary
police instead of the Special Assignment Group;
(c) The ratification of the 1957 European Convention on Extradition;
(d) The inclusion of human rights in the training programme of the police
academy;
(e) The completion and the expected presentation to Parliament of the
new Asylum Act which provides, inter alia, for: (i) the removal
of the geographical exception limiting the granting of asylum to European
refugees; (ii) the appointment of a commissioner to decide asylum cases;
(iii) the right to appeal the commissioner's decision before an independent
appeals board; and (iv) the fact that asylum seekers cannot be deported
before a final decision has been taken in their case.
3. Recommendations
45. The Committee recommends that:
(a) The State party ensure that the envisaged new Asylum Act is consistent
with the provisions of the Convention;
(b) The State party ensure that victims of torture are not dissuaded
from lodging a complaint by any intimidation or threats, including threats
of legal measures being taken against them;
(c) The next periodic report of Malta, which was due on 12 October 1999,
be submitted by December 2000 and be prepared in accordance with the
guidelines established by the Committee.
