Some immigrants at the Safi detention centre were subjected to "undue physical treatment" during an operation led by Detention Service personnel two months ago to identify the ring-leaders of a riot a few days earlier, an internal inquiry into beating allegations has found.

The inquiry, ordered by Justice and Home Affairs Minister Carmelo Mifsud Bonnici, does not apportion responsibility for the ill-treatment of the immigrants onto anyone due to conflicting evidence.

Government adviser Martin Scicluna, who conducted the inquiry, mentions three lance bombardiers who, he says, "may have been involved" but "the case cannot be proven beyond reasonable doubt".

In the 10-page inquiry report released yesterday, Mr Scicluna identified shortcomings in the two-pronged operation carried out by the Detention Service officers on March 24: to identify the ring leaders of a March 13 riot and to relocate some 111 immigrants staying in Safi's compound warehouse 2 to other compounds in Safi and Ħal Far.

Mr Scicluna also listed a series of recommendations - mainly directed at the Commander Detention Service - which include reprimanding officers involved and improving access to medial treatment in such cases.

Dr Mifsud Bonnici has committed himself to implementing all recommendations by the end of next week.

"While the government is committed to ensuring that the dignities and rights of all individuals are both respected and protected in our country, it will not tolerate any violation of these rights," he said.

In the report, Mr Scicluna outlined how on March 24, 13 alleged ring leaders (of the March 13 riot) were identified by officers and separated from the rest. They were searched, handcuffed and moved to C block pending the arrival of the police to arraign them. When the police did not turn up, as they were busy elsewhere, the 13 immigrants were handcuffed and detained in a room for about five or six hours.

On March 26, Jesuit Refugee Services personnel interviewed the 13 and 10 decided to make a formal complaint for ill treatment. They denied being involved in the riot, said they had lost some personal belongings as a result of the search and the move, some claimed verbal abuse and being beaten by Detention Service personnel and added that they were not able to eat when left handcuffed in the C block room. The immigrants also pointed out their aggressors but not all identified the same officers.

On the other hand, Detention Service personnel denied the verbal abuse charge and admitted to manhandling some immigrants during the search but said they only used minimum force to restrain individuals who did not cooperate. They said the immigrants were handcuffed with their hands in front so they could eat when in detention.

On evaluating medical evidence Mr Scicluna noted that two doctors who saw some of the immigrants, on March 27 and April 2, "considered that some of the abrasions and bruises were the results of either punches or hits to the body having been administered".

In his conclusions, Mr Scicluna noted that: some immigrants were subjected to undue physical treatment resulting in abrasions, bruising and tenderness.

He also concluded that, given the conflicting evidence, he had no means of judging with any certainty who the perpetrators were, whether the immigrants were in a position to eat when handcuffed or whether there had been verbal abuse.

As for the missing belongings, although detention officers had a system in place to keep track of belongings, due to the magnitude of the relocation operation some items were misplaced.

It had been an "error of judgment" by the commander of the operation to have the immigrants handcuffed and detained in a small room - measuring about 15 by six feet - for so long, even though he was aware that C block was the only place available to the Detention Service for keeping the alleged ring-leaders pending the arrival of the police.

Finally, he reported that access to medical treatment by the immigrants was not handled properly as priority had been given to the interviews by the police rather than medical examinations.

Mr Scicluna went on to say that the March 24 operation was "handicapped" by a number of factors: there was a gap of 11 days between the riot and the operation; the dual-aimed operation made it more complex and difficult to execute; the police were not informed in advance of the operation and, consequently, were not available to arraign the alleged ring-leaders; the possible need for medical back-up should have been foreseen and catered for and arrangements made to ensure no personal belongings were lost or inadequate.

The report then listed a number of recommendations that included: that the Commander AFM and Detention Service should be made aware of the report for any follow-up action.

It also recommended to Commander Detention Service to, among other things, ensure that all personnel involved in the operation were made aware of the report's findings; action is taken to ensure that personnel were fully acquainted with Detention Service rules (specifically as they affect the application of minimum force in any dealings with detainees); ensure all steps possible to ensure the return of personal belongings to the detainees; action is taken to reprimand the Detention Service officers involved in the acts of excessive force and keeping the 13 alleged ring-leaders handcuffed and in confinement.

Mr Scicluna also recommended that future operations include proper medical back-up, that all such operations be filmed, that they are planned in close cooperation with the police (especially if arraignments were planned) and, if a riot or disturbance occurred, the military or the police response to deal with the perpetrators must be immediate.

When asked whether the police would be instructed to investigate the matter, a spokesman for the Justice Ministry said this would not be done because it was not listed in the recommendations and the report found there was conflicting evidence when it came to apportioning blame.