Two years later, outcome of the Valenzia inquiry remains unknown

Two years down the line, Valenzia inquiry report remains unpublished

The outcome of an independent inquiry to scrutinise the running of the Detention Services has 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 from any other 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, Muscat “welcomed” comments passed by the High Commissioner for Refugees Antonio Guterres who recognised improvements in the conditions Malta 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 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 village after attempting to escape from the detention centre in the same locality.

He was captured by DS officers, who took him to Paola polyclinic in the early hours of Saturday 30 June, and 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 the detention officials. An inquiry report into his death was never made public, with the government only publishing a summary of its findings.

Malta detains all migrants arriving irregularly and without documentation to 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 to be illegal.