Teen held in isolation for over 21 days, court rejects unlawful detention claim

A court has thrown out claims that a 15-year-old who has been held in an isolation cell for more than three weeks was unlawfully detained.

On Wednesday, the court rejected a habeas corpus over a legal technicality in a case whose details cannot be published as it was initially heard behind closed doors. 

The teenager's defence is arguing that since his arraignment over three weeks ago, the teenager has only been allowed to leave his cell for two hours every day, during which time he has to shower, clean his room and is allowed to play pool with a guard. This is the only human contact he has in 24 hours. 

His mother told Times of Malta the boy was arrested just five days after his 15th birthday. 

Following the arraignment, he was transferred to the Corradino Correctional Facility for a routine medical examination, a standard procedure before a minor is transferred to the Young Offenders Rehabilitation Services.

Held in Division 6

Shortly after arriving at CCF, the minor was placed in Division 6, a unit notorious for holding inmates under strict, high-security conditions.

His parents told Times of Malta that no explanation was provided for this decision.

The mother said that she last spoke to her son two days following his arraignment via a Microsoft Teams call supervised by a prison social worker, describing the conversation as normal. 

Following that call, all communication ceased, leaving the family struggling to obtain updates on his well-being or his expected transfer to the YORS facility.

When the mother contacted the prison later that same day - a Friday, she was informed that updates could only be provided through the social worker, who would not be available again until the following Monday. 

Despite repeated attempts to reach prison officials, police, support services, and other authorities, the family received no information throughout the weekend.

The following day - a Saturday, the family's lawyer contacted Prison Director Chris Siegersma, who said that a decision on the transfer would only follow a psychological assessment.

Later that day, a social worker confirmed via email that the transfer was being processed but would not take place immediately.

The parents were finally contacted on the Sunday afternoon after their son had been moved to YORS.

According to the family, they were informed that he was being held in an isolation room for 22 hours a day, allowed out for only two hours without any human contact. 

Just before a meeting with social workers at YORS the following Wednesday - a week since the arraignment - the parents saw their son on CCTV monitors, realising he was under constant surveillance.

The mother recalled seeing her son staring at the ceiling and playing with his hair.

Staff informed them that he was being held in an isolation room under 24hour monitoring due to a court order.

The mother questioned why her son had spent five days in Division 6. According to the family, a social worker claimed the placement was linked to concerns that the boy had self-harmed by biting his arms.

The mother disputed this explanation, stating that her son had no history of mental health issues.

The child's version

The parents were allowed to visit their son for the first time on 12 days after his arraignment.

During the visit, the boy recounted his version of what had occurred upon his initial arrival at Corradino. He explained that he had been subjected to a routine intake search and examination, which included providing blood and urine samples. 

However, when he was ordered to provide the urine sample in full view of police officers, he became highly agitated and distressed. He punched a wall and swore at the officers.

According to the boy, this outburst was the sole reason he was placed in solitary confinement, where he allegedly remains to this day under 24/7 surveillance.

Habeas corpus application

In response to these conditions, the minor’s defence lawyers filed an urgent court application on June 17, requesting that the court schedule an emergency hearing and order the minor's prompt release from isolation.

The prosecution successfully argued that the defence’s application was fundamentally flawed, asserting it had been submitted under the wrong article of the Criminal Code.

According to the Attorney General and the prison lawyer, this procedural error rendered the entire application invalid.

Defence lawyers countered that the prosecution prioritised legalities over human suffering, choosing to exploit a technicality instead of addressing the serious allegations regarding how the boy was being treated behind bars.

According to the defence, the teenager has been isolated in a cell for over three weeks.  He is confined for 22 hours a day and allowed out for just two hours to shower, clean his room, and play a game of pool with a guard. 

Meanwhile, his parents are only permitted to visit him once a week for two hours on Saturdays.

Magistrate Yana Micallef Stafrace ruled in favour of the prosecution and rejected the application filed on behalf of the minor.

The prosecution was led by Inspector Muhamed Shurrab and Inspector Italo Mizzi, assisted by lawyers Dejan Darmanin and Mauro Abela on behalf of the Attorney General.

Lawyers Arthur Azzopardi and Clint Tabone appeared for the minor while lawyer Alex Scerri Herrera represented the prison authorities.