The European Court of Human Rights has warned Malta to treat children travelling on their own in a humane manner, after a local NGO urged the government to release seven detained minors.
The seven children were rescued at sea on November 18 together with another 40 people.
They were immediately detained at the so-called China House in Ħal Far and issued detention orders on November 30.
According to aditus, the NGO calling for their release, the Immigration Appeals Board issued one single decision for the whole group on December 6. Despite aditus calling for the appointment of legal guardians to safeguard the children’s interests, the board declared that their detention was legal.
When aditus reached out to the unaccompanied minors, who are all Bangladeshi nationals, they said they were being detained with adults and did not have access to an outside yard, a common area and a prayer room, and could not make calls.
They also said there was no interpreter to help them communicate with the guards and had not been provided with adequate winter clothes.
In its request to the court, aditus explained that the detained children were suffering from the cold weather also because the windows could not be closed.
There were also no doors in the toilets and bathroom and the children had to drink tap water.
On Tuesday, aditus asked the European Court of Human Rights to order the Maltese government to release the minors from detention and accommodate them in a place with conditions compatible with article three of the European Convention of Human Rights.
The article stipulates that no one shall be subjected to torture or to inhuman or degrading treatment or punishment.
In its decision, the court said Malta should “ensure that the applicants’ conditions are compatible with Article 3 of the Convention and with their status as unaccompanied minors”.
Aditus welcomed the ruling: "there is no way that Malta’s detention centres can provide children with the care and protection that they require. They must be released at once,” the NGO’s director, Neil Falzon told Times of Malta.
Falzon said the NGO will be following up to ensure the children receive proper care, and, if necessary will consider filing a case before the courts to secure their rights.
The seven declared themselves to be adults - Ministry
In a reaction, the Home Affairs Ministry said the European court had not issued an order for these seven persons to be taken out of the detention centre.
It said the authorities were conducting tests to establish whether they were really minors or adults. On arrival, they declared themselves to be adults when questioned.
Days after arrival, two of them produced passports showing them to be adults.
The ministry said the authorities were seeing an increase of cases where migrants declared themselves to be minors to lengthen the asylum process and reduce the chances of them being deported.