The European Court of Human Rights (ECHR) recently ruled that the treatment of unaccompanied minors from Bangladesh in Maltese detention centers violated multiple provisions of the European Convention on Human Rights. The ECHR declared that the minors, who were between 16 and 17 years old at the time of their detention, faced inhuman and degrading conditions. These ranged from being housed with adult migrants, which contravened established protocols, to living in overcrowded facilities with minimal access to outdoor spaces, private areas, or educational support.
The ruling by the ECHR emphasized the breaches of Articles 3, 13, 5(1), and 5(4) of the convention. It stated that the actions of the Maltese authorities amounted to inhuman and degrading treatment as noted under Article 3, primarily due to the detention conditions and the negative impact on the minors’ mental health. Furthermore, Article 13 was violated due to the lack of an effective remedy available to these minors for their treatment during detention.
Of note, the detention conditions also breached the right to liberty and security of the six minors as articulated in Articles 5(1) and 5(4). The court criticized the Maltese authorities for detaining these minors for 22 days without providing any information about their detention’s reasons or duration and denying them access to legal safeguards. This lack of transparency and legal rectitude resulted in an unlawful detention ruling.
Moreover, the ECHR expressed concerns regarding Malta’s Immigration Appeals Board (IAB), noting its process of conducting mass trials rather than individualized assessments constituted ineffective legal measures. The court indicated that the board’s close affiliation with the executive could question its independence and impartiality, which are pivotal for fair judicial assessments.
In light of these violations, ECHR, based on Article 46, has urged the Maltese government to reform its national legislation. This includes outlining clear selection criteria for IAB members and ensuring they maintain independence and impartiality. Additionally, it recommended establishing procedures that allow detainees to report their detention conditions to national authorities.
The court’s decision not only prompted compensation for the non-pecuniary damages suffered by the minors but also called for systemic reforms to prevent future violations. As these adjustments unfold, they will likely become a focal point for human rights watchdogs and legal professionals monitoring compliance with international human rights standards.
The full details of the ruling are available through reporting by JURIST.