Amnesty deplores findings of Safi inquiry

The global human rights advocacy group Amnesty International yesterday deplored the findings of the inquiry report into the violent incidents that took place last January at the Safi detention centre.

In its first comments on the report drawn up by Judge Franco Depasquale and published on December 12, the group said it was "deeply concerned" about the excessive use of force used by Maltese authorities against individuals held at the Safi centre last January.

Some 27 immigrants and two soldiers were injured on January 13 after the army closed in on a peaceful protest a number of immigrants were holding outside of their assigned area at the Safi detention centre.

To this effect, Amnesty International said that it is troubled by Judge Depasquale's criticism of the detainees' protest and "deplored" its findings.

The report was also criticised by the Jesuit Refugee Service and other quarters for identifying only one soldier as being responsible for excessive violence but on the other hand going beyond its mandate on matters such as the detention policy.

In their statement, Amnesty said, "While it welcomes the conclusion of the inquiry and publication of its results, it is gravely concerned at the findings in the report and at the length of time the investigation has taken. Amnesty International deplores the recommendation in the report by Justice Franco Depasquale that the policy of detaining migrants who are refused refugee status is correct and should continue."

Judge Depasquale, a retired judge who also serves as the chairman of the police board for the Home Affairs Ministry, was asked to examine the circumstances leading the armed forces to use force, establish whether the use of force was justified in the circumstances, and whether the degree of force used by the armed forces was excessive, and also to make recommendations he deemed "appropriate" based on the result of his findings, Amnesty's statement pointed out.

In its statement, the group makes reference to the parts of the inquiry report in which Judge Depasquale highlights the fact that the army used excessive force and that the action aimed at coercing the detainees back into their assigned area was badly co-ordinated and executed. In fact, the statement calls for the government to take disciplinary action against whoever was identified.

Nonetheless, Amnesty criticises Judge Depasquale's recommendations that the policy of detaining migrants who have had their refugee status refused is correct and should continue, or that newly-arrived asylum-seekers and irregular migrants be immediately transferred to other European countries, and that journalists should continue to be barred from entering the detention centres and interviewing detainees.

These recommendations concern policy decisions that have far-reaching human rights consequences for the people held at the detention centres and for those seeking asylum in Malta, the statement said. As such they should be thoroughly assessed for their lawfulness, necessity and proportionality by the Maltese government and relevant judicial authorities.