File photo: Miguela XuerebMalta has been found guilty of multiple human rights violations over its treatment of five Bangladeshi minors held in detention centres, in a landmark ruling by the European Court of Human Rights (ECHR).
The Strasbourg court delivered a damning verdict in the case of ‘J.B. and Others v. Malta’, finding breaches of three separate articles of the European Convention on Human Rights.
Among others, the Maltese government was ordered to implement reforms to ensure compliance with the court’s findings on the independence of tribunals and the provision of effective legal remedies for ongoing detention conditions.
The court ruled that holding five minors alongside adults at the Ħal Far Initial Reception Centre (HIRC) and Safi Detention Centre constituted inhuman and degrading treatment under Article 3. Judges highlighted inadequate facilities, insufficient space, and limited outdoor access.
The situation was exacerbated by the detainees’ documented mental health issues, including anxiety, depression, and post-traumatic stress disorder (PTSD). The court noted with particular concern the “complete lack” of psychological support for these vulnerable young people.
However, the first applicant, later confirmed to be an adult, did not meet the threshold for an Article 3 violation, though the court described their detention conditions as “regrettable”.
In another finding, the court ruled that detention between 18-30 November 2022 was unlawful, as Malta failed to issue proper detention orders under relevant regulations. This created what judges termed a “legal vacuum” in violation of Article 5.
The court was particularly critical of the nearly six-month delay in completing age assessments, describing it as raising “serious concerns about the authorities’ good faith”.
A third major violation concerned Article 13, with the court finding that Malta failed to provide any effective means for detainees to challenge their conditions or detention.
The Immigration Appeals Board (IAB) came under particular criticism for lacking independence and failing to provide adequate procedural safeguards. The court noted that appeals were routinely ignored and mandatory reviews required by Maltese law were not conducted.
The court ordered Malta to pay €15,000 in compensation to each of the five minors and €9,000 to the adult applicant. An additional €6,000 was awarded jointly for legal costs.
Beyond financial penalties, the ruling demands significant reforms to Malta’s detention system. The court called for urgent legislative changes to ensure tribunal independence and the establishment of effective legal remedies for those in detention.
ECHR also concluded that Malta must introduce “general measures” to ensure the Immigration Appeals Board meets requirements for independence and impartiality, while establishing proper mechanisms for detainees to challenge their conditions.
The applicants were represented by Kirstin Gatt, a lawyer from aditus foundation, while the Maltese government were represented by State Advocate Chris Soler and James D’Agostino.
This ruling follows a string of similar cases, including the ECHR’s decision in January 2023, ordering Malta to release seven children from detention, and an October 2023 call for Malta to align its detention practices with human rights standards. The Court had also ordered Malta to pay €25,000 in compensation to an Ivorian migrant for human rights breaches while in detention.
The most recent ECHR decision also comes in the wake of a report by the aditus foundation, which exposed significant flaws in Malta’s asylum system. The report revealed a backlog of 833 asylum cases and highlighted inadequate detention conditions, including restricted access for NGOs and prolonged uncertainty for asylum seekers. The ECHR and human rights groups continue to criticise Malta’s handling of vulnerable individuals, particularly children, within its asylum and detention systems.
