Setting the record straight on detention conditions

Immigration detention in Malta operates under a formal legal framework designed to balance national security concerns with the protection of human dignity and fundamental rights, says Kyle Mifsud

In recent weeks, several allegations have circulated regarding the treatment of irregular migrants in detention. Public scrutiny is both necessary and healthy in a democratic society. However, it is equally important that discussion be grounded in fact rather than speculation.

One recurring claim is that detainees are isolated from their families and legal representation. This is simply not the case. Upon arrival, individuals are provided with immediate access to telephones so they can contact their loved ones without delay.

Telephone lines are available within each living area, ensuring ongoing communication with the outside world in accordance with established procedures. Maintaining contact is not an afterthought; it is recognised as an essential part of safeguarding dignity and well-being.

There have also been suggestions that detainees are denied proper legal support. Again, this does not reflect reality. Every individual placed in detention follows the issuance of an administrative decision, which must be legally reviewed within a stipulated period. As part of this process, legal representation is appointed automatically and individuals may choose their own lawyer, whether privately engaged, through legal aid or via NGOs.

All lawyers have access to their clients, whether by telephone or through face-to-face meetings in designated areas. Access to legal counsel is not optional; it is a fundamental safeguard embedded in the system.

Healthcare and social support are regularly provided. Migrants are seen by medical and social professionals and are informed of their rights, including the right to apply for asylum.

Healthcare provision within detention is aligned with national standards. On-site clinics operate at a level comparable to primary healthcare services available to the wider community, ensuring detainees receive timely and appropriate medical attention. Specialist clinics are now also offered within detention through the Migrant Health Service, expanding access to targeted care when required. Unfortunately, these facts are often omitted in certain media reports, resulting in portrayals that do not fully reflect the realities on the ground.

Healthcare and social support are regularly provided- Kyle Mifsud

Welfare remains a central pillar of the agency’s work. A full-time welfare officer, who is a qualified mental health professional, provides continuous support throughout a detainee’s stay. This is complemented by daily access to recreational areas, outdoor gym structures and television sets with internet access, helping to maintain both physical and mental well-being.

The agency has also entered into memoranda of understanding with organisations such as the Malta Football Association and MCAST to provide structured activities that promote social engagement and resilience. Furthermore, invaluable support is provided by the Agency for the Welfare of Asylum Seekers to detainees who apply for asylum, ensuring that these individuals receive appropriate guidance and assistance.

Other claims, such as those concerning clothing, are equally misleading. Detainees are provided with new sets of sportswear to ensure their stay is as comfortable as possible. Assertions that individuals are being given flip-flops are outdated; procurement of such footwear was discontinued more than five years ago and detainees are now provided with appropriate slip-on shoes.

Immigration detention in Malta is administered within a structured legal framework that seeks to balance the state’s security responsibilities with respect for human dignity and fundamental rights.

Immigration detention remains an essential component of any credible and fair migration system. Proposals to discontinue it altogether ignore both legal realities and the practical responsibilities of the state.

Public debate should continue but it must be informed by accurate information rather than unfounded allegations. In matters as sensitive as migration, facts matter and our community deserves nothing less.

Kyle Mifsud is chief executive officer, Detention Services.

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