Asylum seeker’s suicide attempt after protection claim is turned down

A Nigerian asylum seeker was admitted to Mater Dei's Intensive Therapy Unit after detention officers managed to prevent the desperate man's suicide attempt.

The incident happened on Thursday of last week. No official statement was released by Ministry officials, although the United Nations' refugee agency in Malta was aware of the incident that took place at Safi Barracks.

The Ministry for Home Affairs told MaltaToday the man in question is now off the danger list and has been moved from ITU to another ward, where he is recovering steadily.

It turns out his application for asylum had been rejected and his appeal was turned down by the Refugee Appeals Board: a decision that usually means asylum seekers' detention periods are automatically increased from 12 months to 18 months, a measure deemed illegal by the European Court of Human Rights.

"The police are always informed when similar incidents occur. Any persons concerned are immediately referred to Mater Dei Hospital or Mount Carmel Hospital to be given appropriate care," the ministry official said of the suicide attempt.

But a spokesperson for the United Nations High Commissioners for Refugees said that it was clear that many of those held in detention are experiencing severe psychological stress.

"Many have gone through traumatic events, some have lost contact with family members. Almost all are concerned about their future prospects. So far only few of those who have had their asylum claims rejected have opted for return to their countries of origin. Those not granted protection are in fact often not immediately deported after enduring 18 months in difficult detention conditions," UNHCR spokesperson Fabrizio Ellul told MaltaToday.

UNHCR has appealed to the government to develop a clear vision for the asylum system in Malta.

"Human rights and refugee protection principles should always constitute the core of the system. The Maltese government also has valid concerns about migration control," Ellul said.

"In UNHCR's view there is room for both. After a decade of boat arrivals this country has gained experience with managing reception and processing arrangements. Malta should now build on this experience to further improve the system, including through exploring viable and more humane alternatives to long-term mandatory detention."

Inhumane detention period

A riot instigated by asylum seekers back in August 2011 inside Malta's closed detention centre in Safi, to which journalists are not allowed access, is believed to have been started after the majority of some 271 detainees had their claims for protection rejected at the appeals stage, with the result of having their detention extended from 12 months to 18 months.

The protests shone a light on the arbitrary policy of detention that is heavily criticised by the Council of Europe's human rights commissioner.

The Maltese authorities detain migrants for a maximum duration of 12 months, if they have applied for asylum but have not yet received a final decision on their claims. If an asylum application is still pending after 12 months, the person is released.

However, if before this time their asylum claim for protection is rejected by the Commissioner of Refugees and then rejected by the Refugee Appeals Boards, their detention is automatically extended to 18 months.

This policy is at odds with the July 2010 judgement of the European Court of Human Rights against Malta in the case of Louled Massoud, relating to the 18-month detention of an Algerian asylum seeker, whose claim had been rejected at appeals stage before the 12-month detention period.

In this case, the Court noted that there were grave doubts as to whether the grounds for Massoud's extended detention - ostensibly with a view to deport him - remained valid for the entire period of detention, because his expulsion was not a realistic prospect.