Inquiry into Mamadou Kamara death remains under wraps

The findings of an independent inquiry into the running of the Detention Services have not yet been made public, two years after the Office of the Prime Minister had ordered the inquiry in 2012.

It is unclear whether the inquiry has in fact been concluded, with Prime Minister Joseph Muscat confirming with MaltaToday that he “would have to check the status of the report”.

Mamadou Kamara, 32, died in the summer of 2012 while in the custody of Detention Services and Armed Forces of Malta personnel.

On the orders of then Prime Minister Lawrence Gonzi, an inquiry headed by retired judge Geoffrey Valenzia was appointed to establish whether there had been negligence, non-observance of procedures or abuse of power by any detention service officials involved in the case.

Human rights NGOs had called on Gonzi to ensure a truly independent and effective inquiry, including a comprehensive and inclusive review of Malta’s policy of mandatory detention.

“I have absolutely no problem with this information being released to the public,” Muscat said.

Admitting that he had never seen the Valenzia report, the Prime Minister said he would have to check the status of the report.

“It is not in my nature to interfere with investigations and reports. However, I never find a problem with information being made public at the right time,” Muscat added.

In further comments to MaltaToday, the Prime Minister “welcomed” comments by the High Commissioner for Refugees, Antonio Guterres who recognised improvements in the conditions for migrants which Malta has made.

“Violence is never tolerated or justified and while Malta, together with Italy, will continue saving lives, we will also ensure that the respect for human life and dignity are always safeguarded. However, we cannot do this on our own and the rest of the countries must join in,” he said.

Muscat also welcomed the “tact” of European Commissioner-designate for migration Dimitris Avramopoulos: “His approach seems to be different from that of his predecessor. We now hope that his words transform into concrete action.”

Human rights NGO aditus Foundation has also written to Muscat asking for the publication of the report. The Valenzia inquiry was expected to conclude its investigation as soon as possible.

“Two years down the line is definitely not ‘as soon as possible’. In view of this requirement, aditus look forward to hear from the Prime Minister on the finalisation of the inquiry and the publication of the results,” aditus director Neil Falzon told MaltaToday.

Three detention services officers were charged with the murder of Kamara, believed to have been beaten to death during his interception by the officers in Safi after attempting to escape from the detention centre there.

He was captured by DS officers, who took him to Paola polyclinic in the early hours of Saturday, June 30, and was found to be dead on arrival, having sustained various injuries to his groin and lower back, presumably as a result of being severely beaten.

Only a year earlier, another Nigerian national, Ifeanye Nwokoye, had died while also in the custody of detention officials. An inquiry report into his death was never made public, with the government only publishing a summary of the findings.

Migrants arriving irregularly and without documentation in Malta are detained for 12 months before being released, a policy that has been condemned internationally. Asylum seekers whose claims for protection are turned down before the 12-month detention period can spend up to 18 months in detention, a policy which the European Court of Human Rights considers illegal.