UNHCR calls for action on Safi report

The UN refugee agency UNHCR has called for appropriate action to be taken now that the report on the violent incidents that occurred at Safi last January confirmed that the army used excessive force in controlling the immigrants involved in a protest.

In its official reaction to Judge Franco Depasquale's inquiry report, the UNHCR said the action should address "the systemic causes" of such incidents.

The agency pointed out that its international mandate includes the protection of asylum seekers and reiterated its position that asylum-seekers should only be detained in exceptional circumstances.

UNHCR instead recommends the hosting of asylum seekers, as far as possible, in open centres, such as the one recently opened in the former Marsa school.

Open centres would allow the needs of asylum seekers to be better met and would be less costly than closed centres, it said. The agency is fully aware of the difficulties faced by Malta, in view of its size and geographical position, and reaffirms that the challenge has to be met in accordance with international and EU standards.

"For this reason, UNHCR is strongly advocating for international responsibility-sharing, in particular within the European Union, and is working with the Maltese government in raising public awareness in favour of a better asylum system," the agency added.

The UNHCR's local representative, Neil Falzon, told The Times the agency had not been interviewed in connection with the inquiry despite the fact that the report makes various critical references to the organisation.

In his report, Judge Depasquale criticises both the organisation as well as the then Rome-based UNHCR representative Michele Manca de Nissa, who happened to be on a visit to Malta at the time.

The Times contacted Judge Depasquale on this point. With regard to the inquiry itself, he said he would rather wait before making any comments about what is being said about his report.

With regard to the fact that the UNHCR was not approached, Judge Depasquale said he was not aware there were local representatives but that he had been available to anybody who wished to make any comments throughout the inquiry.

When The Times pointed out that the UNHCR were not involved in the protest and, therefore, could not have anticipated that they would have to react to anything in the inquiry report, Judge Depasquale replied he had said all he had to say in the report and so he did not wish to comment further.

The inquiry report criticises the UNHCR for carrying pictures of the violence on its website and also for giving out what the board described in its report as incorrect information - that an immigrant had had 15 stitches and another had suffered three broken bones in his leg. The report says that medical records do not corroborate such injuries.

The report is mostly critical of Dr Manca de Nissa, who is now based in Singapore. It mentions comments he made to immigrants after the protest to the effect that the UNHCR supported their fight to have the Maltese government drop the detention policy or, at the very least, that detention should be reduced to six months because it is unreasonable.

He also told them, according to the report, that Malta would have to abide by the EU's directives on minimum standards for the reception of asylum seekers. The judge remarks: "I was surprised that in such a delicate moment Dr Manca de Nissa felt that he should say such things".

Mr Falzon would not comment on this but confirmed when asked, that nobody from the agency, not even Dr Manca De Nissa, was interviewed.

Dr Manca de Nissa's presence had created controversy at the time primarily because he was not allowed into the compound during the incidents, despite the fact that the head of the Emigrant's Commission, who was accompanying him, was allowed in, and also because he was refused access to the injured refugees in hospital.

mmicallef@timesofmalta.com