The detention of nine Malian men who have been locked up for more than two months raises serious legal questions and undermines the humanity of Maltese society, a group of NGOs have told the Prime Minister.
In a letter to Joseph Muscat and Home Affairs Minister Carmelo Abela, the NGOs told the two men that while the government may be entitled to deport the men, it must do so in a way that respected their fundamental dignity.
Each of the nine men were law-abiding citizens who had "done nothing to deserve to be treated like criminals...and carted around in handcuffs, portraying them as posing a great danger to our society," the NGOs said in the letter.
The NGOs pointed out that each of the detained men had been honest with Immigration Police throughout, had not sought asylum elsewhere and had abided by rules laid out for them.
European Union law only allows states to detain migrants as a measure of the last resort and for the shortest time possible. When deportation is not possible, they must be released.
"These legal provisions raise serious questions about the lawfulness of the ongoing detention of these nine men, especially in the light of the conditions in which they are detained," the letter stated.
The NGOs questioned whether the government had assessed whether detention was necessary and proportionate in these nine cases, as required by law.
The nine men formed part of a group of 33 who were apprehended by authorities last November after being told to report to the central immigration office to extend their stay in Malta.
All 33 had had their asylum application rejected by local authorities, but were given temporary permission to stay in Malta because authorities could not deport them.
The men all worked, most of them regularly, and paid tax and national insurance contributions.
Three weeks into their detention, a delegation from Mali visited Malta and confirmed that 10 of the 33 were Malian nationals. One of these 10 was released after a court declared that his detention was unlawful. A further 15 whose identity had not been confirmed were also released.
Maltese authorities have said they cannot deport the men until documentation from Mali comes through.
The nine men still in detention have instituted legal proceedings in the Constitutional Court challenging the lawfulness of their detention. The case is currrently ongoing.
NGOs have said they will hold a silent gathering outside Safi Barracks detention centre at 6pm this coming Tuesday, to mark the third month the men have been detained. The public has been urged to join.
NGOs which signed the letter include: aditus foundation, African Media Association, The Critical Institute, Integra Foundation, International
Association for Refugees, JRS Malta, KOPIN, Malta Emigrants’ Commission, Migrant Women Association Malta, Migrant Network for Equality, Moviment Graffitti, Organisation for Friendship in Diversity, People for Change Foundation, SOS Malta, Spark15.