UN torture committee calls for improved living conditions inside Maltese prisons

The United Nations Committee for the Prevention of Torture (CPT) has complained that particular divisions at the Corradino Correctional Facility provided generally poor living conditions for the inmates.

The situation is commented on in a report published this week on the CPT’s eighth visit to Malta in September 2015.

The CPT, which examines the treatment and conditions of detention afforded to persons held in various places of deprivation of liberty across Malta, said that the CCF’s divisions II, III and XIII had cells that were hot and dirty, lacked ventilation, possessed unscreened and poorly-functioning toilets and held inmates who had no direct access to drinking water.

It called for steps to be taken to remedy these and other deficiencies.

The CPT’s delegation also found that the male and female Forensic Psychiatric Units at Mount Carmel Hospital were not being properly managed, impacting negatively on the care provided to patients.

It recommended that a complete review of the purpose and functioning of the forensic units be undertaken, that the Ministry of Health be tasked with the oversight of the forensic units and that the units should be brought under the management of Mount Carmel Hospital.

“Investment is required in the recruitment and training of qualified nursing staff to perform all the duties required of a forensic psychiatric service – only one nurse had a specialisation in psychiatry while the other healthcare staff members were all agency staff.

“The atmosphere and regime were extremely carceral and un-therapeutic and the material conditions for the patients were poor and there were no individualised care plans. On the male unit, the use of means of restraint was being applied by prison officers instead of healthcare staff, and the recording of such measures was inadequate. The application of any means of restraint should only be carried out by adequately trained health-care staff and resort should never be had to the Special Response Team from the prison, and a systematic recording system should be put in place.”

The CPT welcomed the fact that more than 80% of the Maltese prison population were offered access to some kind of work and education. “However, the restrictive regime on Divisions V and XIII, where the particularly problematic inmates were placed, needs to evolve and a full range of activities offered,” the CPT said.

The committee said the situation of life-sentenced prisoners was also poor in terms of lack of access to activities, no sentence plan and no access to parole. The CPT reiterated that the policy towards life-sentenced prisoners must be reconsidered, notably to afford life-sentenced prisoners the possibility to apply for conditional release.

The government said in response that although the restorative justice act does not allow these individuals to benefit from parole, these individuals may apply to the President of Malta prerogative of mercy that the Constitution of Malta contemplates in Article 93. Persons who are imprisoned for life are allowed to benefit from special leave such as to attend funerals or weddings; inmates facing a life sentence are also allowed to practise their hobbies as well as to participate in all activities being organised by CCF.

It also said there was insufficient coordination of healthcare services, and no strategy for those at risk of self-harm and the administration of psychotropic medication was unsafe. 

The CPT found a generally good atmosphere at the separate Young Offenders Unit of Rehabilitation Services (YOURS), but complained that young persons were not provided with a full programme of purposeful out-of-cell activities. “Indeed, there was no specifically tailored regime for juveniles, nor were there any programmes to help juveniles and young offenders prepare for reintegration into society. Also, staff were not specifically trained to work and engage with young persons. Action should be taken to address these shortcomings.”

Police and Safi detention sites

The CPT’s delegation found that, generally, the police treated arrested and detained persons correctly, and it received no allegations of ill-treatment. Although material conditions in police detention areas were generally adequate, a number of deficiencies were found, including lack of access to potable water, no in-cell call bells, poor ventilation and lighting. 

The CPT noted that the reduction in the numbers of persons detained in the Safi barracks, which house immigrants with no leave of entry, should make it easier to ensure that those who are detained are held in decent conditions. 

“The CPT is again critical of the fact that no proper medical screening is carried out on every newly arrived detainee. As concerns the airport holding area, it is important that the log book be diligently completed and that persons are not held for periods in excess of 24 hours. As regards Dar il-Liedna open centre for young persons, the main concern of the CPT relates to the apparent frequent fighting among residents.”

Mount Carmel Psychiatric Hospital

Mount Carmel Psychiatric Hospital continues to serve both as a mental health facility treating patients with acute and chronic mental health disorders and a social care home for those in need of assisted care. 

While living conditions in most of the wards were generally acceptable, the CPT was particularly critical of the Maximum Secure Unit, both as regards the material conditions and the treatment, and recommended that the unit be relocated to a place where a therapeutic living environment can be provided.

“Every patient should not only have a written individual treatment plan but be consulted in its development. Further, the range of rehabilitative and therapeutic activities on offer should be widened. As regards the application of electroconvulsive treatment, the CPT recommends that it is always performed with electroencephalogram monitoring, which was not the case at the time of the visit.”