Issue link: https://maltatoday.uberflip.com/i/1509870
3 maltatoday | WEDNESDAY • 18 OCTOBER 2023 NEWS right to protection from depri- vation of liberty in relation to his prolonged immigration detention in those conditions. A defective national system The court warned that Malta could expect more, similar, cases to come unless its broken system is addressed. "In the Court's view, the problems detected in the ap- plicant's particular case may sub- sequently give rise to numerous other well-founded applications which are a threat to the future effectiveness of the system put in place by the Convention. "The Court's concern is to facil- itate the rapid and effective sup- pression of a defective national system hindering human-rights protection. In that connection and having regard to the situa- tion which it has identified above the Court considers that general measures at national level are un- doubtedly called for in execution of the present judgment." "Having regard to those find- ings, the Court recommends that the respondent State envis- age taking the necessary general measures to ensure that the rel- evant law is effectively applied in practice and that vulnerable individuals are not detained, as well as to limit any necessary de- tention periods so that they re- main connected to the ground of detention applicable in an immi- gration context, and that they are undertaken in places and con- ditions which are appropriate, bearing in mind that the measure is applicable not to those who have committed criminal offenc- es but to aliens in an immigration context." The court awarded the ap- plicant €25,000 in respect of non-pecuniary damage, plus any tax that may be chargeable and a further €3,000 in respect of costs and expenses. Aditus lawyer Neil Falzon as- sisted the plaintiff, while State Advocate Chris Soler represent- ed the Government of Malta in the proceedings. "Judgment tells Malta: stop it right now!" - Aditus lawyer In comments to the MaltaTo- day, Falzon said he welcomed the decision and stressed that Malta's treatment of vulnerable people must improve. "When he arrived, our client was a sick and traumatised child. Instead of caring for him, Malta locked him up in awful places," Falzon said. "This is a powerful judgement for our client and for human rights in Malta. It clear- ly tells Malta: stop it right now! Stop locking up people on false pretences, make sure you respect the rule of law and start treating people respectfully. Do better for children and other vulnerable people. We hope that our client will now be able to heal from his traumas, and that no other child will go through similar horrific experiences." orders Malta to pay migrant over detention conditions