Updated 3.40pm - NGOs comment

Nine Malians who were kept in detention for three months were released today, but the government still plans to deport them to their country, Home Affairs Minister Carmelo Abela announced this afternoon.

The nine were kept in detention pending the arrival of official documents so that they could be returned to Mali, but the documents have not been delivered yet.

They will be deported when the documents arrive from Mali, the minister said.

"Their status remains that of failed asylum seekers, which implies they will have to be deported when country sends official documents," the minister said.

READ: Deportation does not mean 'treating men like criminals', NGOs tell PM

His announcement came just hours before a planned protest against their detention.

The nine were originally in a group of 33 arrested in November for deportation to Mali, reportedly as part of an EU initiative.

The sudden arrest, which came a few weeks before the Christmas festivities, shocked the migrant community.

In December, Gianluca Cappitta – a lawyer at Mifsud and Mifsud Advocates – filed a constitutional case that challenged the validity of the deportation of these nine men, who have been resident in Malta between two and eight years.

Dr Cappitta told this newspaper that it was actually the men’s compliance with the law, which requires the renewal of their migrant document every three months, that had resulted in their turning up at the police station where they were arrested.

Asked at the press conference whether the Malians deserved an apology, the minister said this was not a question of owing anyone an apology. Malta's action was in line with EU agreements with five African states to accept back their nationals.

An identification mission from Mali, including Frontex officials came to Malta on December 5 and these nine were identified as being from Mali. Their documents were therefore still being awaited, the minister said.  

In view of the delay, the cabinet had decided to free the men from detention.

'We applaud decision'

In a press statement, the Solidarity with Migrants group expressed joy at the decision and said it reflected "humanity and good sense". 

The group, which had planned to protest the nine men's detention this evening outside Safi Barracks, thanked everyone who had called for their release and reserved special praise for President Marie-Louise Coleiro Preca.

It said it would continue talks with the government to reconsider its changes to temporary protection status THPn.  

A separate group of NGOs who had written to Prime Minister Joseph Muscat raising concerns about the legality of detaining the nine men also welcomed the decision and thanked supporters of the campaign to free the men, including independent media houses which had joined forces for the initiative.

Earlier this month, the Times of Malta, The Malta Independent and Malta Today had joined forces to urge the government to create legal pathways for the regularisation for non-returnable migrants.

See more here.