Commissioner to launch 'imminent' investigation into child imprisonment

Commissioner Helen d’Amato maintained that imprisonment is highly counterproductive, and does not fulfil the aims of rehabilitation which is urgently required for young persons.

Over the last few days two youths of 15 and 16 were taken to prison until they were granted bail. While the male was placed in the youth section, the female had to be placed in the adult section as there are no youth sections for females in Malta.

“It is crucial that policies, procedures and structures are in place in order to protect children in breach of the law and ensure that their fundamental rights as minors are fully observed,” D’Amato said.

Malta is bound by the UN Convention on the Rights of the Child which “recognizes the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society” (Article 40, UN CRC.)

The UN Convention also states in this respect that a minor has a right “to be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence” (Article 40).

Labour MP Dr Justyne Caruana, who brought the matter to attention, said “This is not a solution that aids the rehabilitation of the minor. This great weakness, along with other deficiencies needs to be addressed in order to help these vulnerable children at this crucial stage in their lives.”

D’Amato said that numerous concerns have been brought to her attention on this case. “These warrant the initiation of an investigation with regards to administrative procedures and methods used.”