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	Comments on: Arbitrary detention	</title>
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	<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/</link>
	<description>Daphne Caruana Galizia is a journalist working in Malta.</description>
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		<title>
		By: Corinne Vella		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20677</link>

		<dc:creator><![CDATA[Corinne Vella]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 18:11:26 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20677</guid>

					<description><![CDATA[Emanuel Muscat: I do not understand your reference to communists but I know that you are not &quot;willing to forgo part of your civic liberties&quot;. You are willing to deny the rights of others so that you may labour under the illusion that yours are safeguarded.

Never mind the impracticality of your dreadful suggestion. Few people can understand how awful the conditions in the camps are so your proposed 24 hour extensive CCTV coverage would probably backfire.

If you are worried about your own safety, I suggest you train those cameras on your own home, person and possessions. That would be far more effective protection that spying on somebody else.]]></description>
			<content:encoded><![CDATA[<p>Emanuel Muscat: I do not understand your reference to communists but I know that you are not &#8220;willing to forgo part of your civic liberties&#8221;. You are willing to deny the rights of others so that you may labour under the illusion that yours are safeguarded.</p>
<p>Never mind the impracticality of your dreadful suggestion. Few people can understand how awful the conditions in the camps are so your proposed 24 hour extensive CCTV coverage would probably backfire.</p>
<p>If you are worried about your own safety, I suggest you train those cameras on your own home, person and possessions. That would be far more effective protection that spying on somebody else.</p>
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		<title>
		By: S Azzopardi		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20676</link>

		<dc:creator><![CDATA[S Azzopardi]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 17:55:06 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20676</guid>

					<description><![CDATA[I would like to comment on the fact that people detained by the police for questioning are not permitted assistance by a lawyer. First of all, from the very outset of the pre-trial proceedings, the Maltese Criminal Code offers a disadvantage to persons who are taken into police custody. The Fourth Schedule to the Police Act reads that: “The lack of observance of any the provisions of this Code will not invalidate the statement taken (during interrogation), unless such non observance nullifies the voluntariness of the statement.” Hence any evidence which is construed by the Police, even with subtle illegality (there is no watchdog at this stage!), can be presented in Court. A person in comunicado may easily be forced to make false statements – do the names Pietru Pawl Busuttil and Anthony Mifsud ring a bell? - and this may later be used as evidence at his detriment in Court. In a recent ECtHR pronouncement, Salduz v Turkey, the court further established the importance of the right to legal aid in juvenile cases. There is no provision in Maltese legislation that would give minors special treatment in offering legal aid at interrogation stage – abysmal to say the least.

Secondly, we should really be ashamed. Turkey has recently brought its criminal procedural rules in line with the rest of the EU countries (mind you, all EU countries offer legal assistance and this not just at the interrogation stage, but from the very moment that a person is taken into police custody). That means that a non-EU country is actually catching up with the EU mainstream while Malta is lagging way behind (can you believe this?). Furthermore, this implies that our criminal procedural laws/practices are not only incompatible with the ECtHR’s pronouncements but run counter to the ECHR (Convention) wording in Article 6(3)(c) and the structure of Article 6 taken as a whole.

This issue was also raised in Xarabank of the 31st October 2008 to which the Police Commissioner replied that the presence of a lawyer during interrogation could mean that the ‘solving rate’ of cases would be diminished and one must bear in mind that an unsolved case is at the detriment of the victim – convenient excuse, in my opinion. In simple terms, this blatant injustice will continue and all will be swept under the rug until…. someone with enough courage (in order to refrain from saying the ‘b’ word) will take the matter to the ECtHR.]]></description>
			<content:encoded><![CDATA[<p>I would like to comment on the fact that people detained by the police for questioning are not permitted assistance by a lawyer. First of all, from the very outset of the pre-trial proceedings, the Maltese Criminal Code offers a disadvantage to persons who are taken into police custody. The Fourth Schedule to the Police Act reads that: “The lack of observance of any the provisions of this Code will not invalidate the statement taken (during interrogation), unless such non observance nullifies the voluntariness of the statement.” Hence any evidence which is construed by the Police, even with subtle illegality (there is no watchdog at this stage!), can be presented in Court. A person in comunicado may easily be forced to make false statements – do the names Pietru Pawl Busuttil and Anthony Mifsud ring a bell? &#8211; and this may later be used as evidence at his detriment in Court. In a recent ECtHR pronouncement, Salduz v Turkey, the court further established the importance of the right to legal aid in juvenile cases. There is no provision in Maltese legislation that would give minors special treatment in offering legal aid at interrogation stage – abysmal to say the least.</p>
<p>Secondly, we should really be ashamed. Turkey has recently brought its criminal procedural rules in line with the rest of the EU countries (mind you, all EU countries offer legal assistance and this not just at the interrogation stage, but from the very moment that a person is taken into police custody). That means that a non-EU country is actually catching up with the EU mainstream while Malta is lagging way behind (can you believe this?). Furthermore, this implies that our criminal procedural laws/practices are not only incompatible with the ECtHR’s pronouncements but run counter to the ECHR (Convention) wording in Article 6(3)(c) and the structure of Article 6 taken as a whole.</p>
<p>This issue was also raised in Xarabank of the 31st October 2008 to which the Police Commissioner replied that the presence of a lawyer during interrogation could mean that the ‘solving rate’ of cases would be diminished and one must bear in mind that an unsolved case is at the detriment of the victim – convenient excuse, in my opinion. In simple terms, this blatant injustice will continue and all will be swept under the rug until…. someone with enough courage (in order to refrain from saying the ‘b’ word) will take the matter to the ECtHR.</p>
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		<title>
		By: Emanuel Muscat		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20675</link>

		<dc:creator><![CDATA[Emanuel Muscat]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 17:03:54 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20675</guid>

					<description><![CDATA[@Corinne Vella
So now we are seeing the return of the communists, are we, so beware!

I am willing to forgo a part of my civic liberties, no problem, but the area around the detention and the open centres should be covered by extensive CCTV coverage and broadcast on a 24 hour public TV channel to enable all Maltese to see what is happening in their own country.

My democratic rights are safeguarded by the duties of the Maltese government which was not elected by the illegal immigrants! It is my duty, and every Maltese citizen has this duty, to support our government&#039;s efforts in dealing with the problem of illegal immigration. Look what happened in Lampedusa the other day: the illegal immigrants just broke the fences of the detention centre and went ran amok in the city centre. This has already happened in Malta and might happen again next summer. What will we do then?

[&lt;strong&gt;Daphne - You can always run for your life and lock up your women. 24 hour CCTV? Might as well tag them electronically and get them to wear yellow stars. And there&#039;s no city in Lampedusa. It&#039;s not much more than rock with some people on it. http://en.wikipedia.org/wiki/Lampedusa]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>@Corinne Vella<br />
So now we are seeing the return of the communists, are we, so beware!</p>
<p>I am willing to forgo a part of my civic liberties, no problem, but the area around the detention and the open centres should be covered by extensive CCTV coverage and broadcast on a 24 hour public TV channel to enable all Maltese to see what is happening in their own country.</p>
<p>My democratic rights are safeguarded by the duties of the Maltese government which was not elected by the illegal immigrants! It is my duty, and every Maltese citizen has this duty, to support our government&#8217;s efforts in dealing with the problem of illegal immigration. Look what happened in Lampedusa the other day: the illegal immigrants just broke the fences of the detention centre and went ran amok in the city centre. This has already happened in Malta and might happen again next summer. What will we do then?</p>
<p>[<strong>Daphne &#8211; You can always run for your life and lock up your women. 24 hour CCTV? Might as well tag them electronically and get them to wear yellow stars. And there&#8217;s no city in Lampedusa. It&#8217;s not much more than rock with some people on it. <a href="http://en.wikipedia.org/wiki/Lampedusa%5D" rel="nofollow ugc">http://en.wikipedia.org/wiki/Lampedusa%5D</a></strong></p>
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		<title>
		By: Corinne Vella		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20674</link>

		<dc:creator><![CDATA[Corinne Vella]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 15:42:33 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20674</guid>

					<description><![CDATA[Emanuel Muscat: Democratically elected representatives are not immune to the perpetration of unspeakable horror, so I wouldn&#039;t take that line of defence, if I were you.

If you bothered to read between the lines - or actually read the lines themselves - you&#039;d see that there&#039;s a distinction between detention, arbitrary or otherwise, and the conditions in which detainees are kept. You may even realise that the word &#039;conditions&#039; is not limited to the physical state of detainees&#039; place of detention, but to the actions (and inaction) to which detainess are subject, and to the powers exercised by those with control over their fate while the detainees themselves are denied a means of redress.

You appear to be pleased that immigrants are corralled and kept out of sight. You fail to realise that means your rights are corralled too. One day you may wish to exercise them and find that you are unable to do so. Where would be your sentiment then?]]></description>
			<content:encoded><![CDATA[<p>Emanuel Muscat: Democratically elected representatives are not immune to the perpetration of unspeakable horror, so I wouldn&#8217;t take that line of defence, if I were you.</p>
<p>If you bothered to read between the lines &#8211; or actually read the lines themselves &#8211; you&#8217;d see that there&#8217;s a distinction between detention, arbitrary or otherwise, and the conditions in which detainees are kept. You may even realise that the word &#8216;conditions&#8217; is not limited to the physical state of detainees&#8217; place of detention, but to the actions (and inaction) to which detainess are subject, and to the powers exercised by those with control over their fate while the detainees themselves are denied a means of redress.</p>
<p>You appear to be pleased that immigrants are corralled and kept out of sight. You fail to realise that means your rights are corralled too. One day you may wish to exercise them and find that you are unable to do so. Where would be your sentiment then?</p>
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		<title>
		By: Harry Purdie		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20673</link>

		<dc:creator><![CDATA[Harry Purdie]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 15:38:16 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20673</guid>

					<description><![CDATA[Good stuff, Daphne. However, &#039;commensense&#039;? Love this rock, but, how does one make &#039;sense&#039; of such &#039;common&#039; people?]]></description>
			<content:encoded><![CDATA[<p>Good stuff, Daphne. However, &#8216;commensense&#8217;? Love this rock, but, how does one make &#8216;sense&#8217; of such &#8216;common&#8217; people?</p>
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		<title>
		By: kev		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20672</link>

		<dc:creator><![CDATA[kev]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 15:27:15 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20672</guid>

					<description><![CDATA[I guess a civilised nation is measured - if not by how they treat animals or prisoners - by how they treat &quot;illegals&quot;. The bare minimum is humane treatment and accommodation - the extra costs should be sought from more EU funds. If we expected to bear the responsibility of being an EU border state, then mainland Europeans have to share the costs.

One should note that humane accommodation does not mean others would be enticed to come. No matter how humane it may be, detention will always mean being locked up in a cage. No one wants that.

&lt;strong&gt;[Daphne - Yes, but lots of people can&#039;t see that. They imagine that &#039;comfortable&#039; captivity is something worth dying for when you&#039;re a subhuman African, because you&#039;re not much better than an animal.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>I guess a civilised nation is measured &#8211; if not by how they treat animals or prisoners &#8211; by how they treat &#8220;illegals&#8221;. The bare minimum is humane treatment and accommodation &#8211; the extra costs should be sought from more EU funds. If we expected to bear the responsibility of being an EU border state, then mainland Europeans have to share the costs.</p>
<p>One should note that humane accommodation does not mean others would be enticed to come. No matter how humane it may be, detention will always mean being locked up in a cage. No one wants that.</p>
<p><strong>[Daphne &#8211; Yes, but lots of people can&#8217;t see that. They imagine that &#8216;comfortable&#8217; captivity is something worth dying for when you&#8217;re a subhuman African, because you&#8217;re not much better than an animal.]</strong></p>
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		<title>
		By: Maria c		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20671</link>

		<dc:creator><![CDATA[Maria c]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 14:14:21 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20671</guid>

					<description><![CDATA[Thanks for this article]]></description>
			<content:encoded><![CDATA[<p>Thanks for this article</p>
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		<title>
		By: Scerri S		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20670</link>

		<dc:creator><![CDATA[Scerri S]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 13:33:53 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20670</guid>

					<description><![CDATA[I think the situation on timesofmalta.com has become ridiculous. The usual insufferable &#039;Horsemen of the Apocalypse&#039; go on their persistent rants while seemingly failing to notice that the many sensible individuals who disagree with their extreme views have long given up on arguing and probably even listening to them.

I allowed myself a quick glimpse the other day - some are so narrow-minded that they do not even realise the difference between a citizen representing his/her country and a person representing the UN; and ridiculously called for the UN representative in question to take the &#039;immigrants&#039; back to her country (Spain).

Having a forum where these &#039;Horsemen&#039; can have their monologues would be no problem really. However English happens to be the language in use and - this forum being accessible to ALL internet users is creating a situation where anyone stumbling on timesofmalta.com (which happens much more frequently than anyone would imagine) will get the impression that Malta is a nation of racists...or are we?

Oh by the way, this is not just a spontaneous Sunday rant. I felt impelled to leave this comment after someone I know recently formed just this opinion of Maltese people after stumbling upon an article on timesofmalta.com. Giving a bad name to Maltese people, all in the name of free speech! If not moderating comments from Tom, Dick and Harry (..and Louise), maybe timesofmalta.com should consider restricting the viewing of posted comments only to registered users.]]></description>
			<content:encoded><![CDATA[<p>I think the situation on timesofmalta.com has become ridiculous. The usual insufferable &#8216;Horsemen of the Apocalypse&#8217; go on their persistent rants while seemingly failing to notice that the many sensible individuals who disagree with their extreme views have long given up on arguing and probably even listening to them.</p>
<p>I allowed myself a quick glimpse the other day &#8211; some are so narrow-minded that they do not even realise the difference between a citizen representing his/her country and a person representing the UN; and ridiculously called for the UN representative in question to take the &#8216;immigrants&#8217; back to her country (Spain).</p>
<p>Having a forum where these &#8216;Horsemen&#8217; can have their monologues would be no problem really. However English happens to be the language in use and &#8211; this forum being accessible to ALL internet users is creating a situation where anyone stumbling on timesofmalta.com (which happens much more frequently than anyone would imagine) will get the impression that Malta is a nation of racists&#8230;or are we?</p>
<p>Oh by the way, this is not just a spontaneous Sunday rant. I felt impelled to leave this comment after someone I know recently formed just this opinion of Maltese people after stumbling upon an article on timesofmalta.com. Giving a bad name to Maltese people, all in the name of free speech! If not moderating comments from Tom, Dick and Harry (..and Louise), maybe timesofmalta.com should consider restricting the viewing of posted comments only to registered users.</p>
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		By: Emanuel Muscat		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20669</link>

		<dc:creator><![CDATA[Emanuel Muscat]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 12:56:46 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20669</guid>

					<description><![CDATA[@DCG
Why do you call the detention of illegal immigrants arbitrary? It is the democratic government of Malta having the authority to put people who land on our islands illegally through a process of identification (which is not helped by the illegal immigrants!) so that they are either granted refugee status or sent back if possible:and don&#039;t try to say that since the Maltese SAR crews save them they are not illegal immigrants.

[&lt;strong&gt;Daphne - Arbitrary detention is the operating name of the UN working group that was here to report on the situation in those places where people are kept locked up. In the case of people rescued from the sea, or who have come here through force of circumstance while heading for Italy, detention is definitely arbitrary, because they are detained for up to 18 months &lt;em&gt;before&lt;/em&gt; the authorities investigate their case. It is a form of imprisonment without trial. They are not even being held on court-mandated remand. As for people rescued and brought in to Malta, I&#039;m afraid that I&#039;m going to have to disabuse you of the notion that they are illegal immigrants. If they are brought in by the armed forces, then they can&#039;t possibly be considered to have entered the country illegally. Some commonsense would not go amiss.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>@DCG<br />
Why do you call the detention of illegal immigrants arbitrary? It is the democratic government of Malta having the authority to put people who land on our islands illegally through a process of identification (which is not helped by the illegal immigrants!) so that they are either granted refugee status or sent back if possible:and don&#8217;t try to say that since the Maltese SAR crews save them they are not illegal immigrants.</p>
<p>[<strong>Daphne &#8211; Arbitrary detention is the operating name of the UN working group that was here to report on the situation in those places where people are kept locked up. In the case of people rescued from the sea, or who have come here through force of circumstance while heading for Italy, detention is definitely arbitrary, because they are detained for up to 18 months <em>before</em> the authorities investigate their case. It is a form of imprisonment without trial. They are not even being held on court-mandated remand. As for people rescued and brought in to Malta, I&#8217;m afraid that I&#8217;m going to have to disabuse you of the notion that they are illegal immigrants. If they are brought in by the armed forces, then they can&#8217;t possibly be considered to have entered the country illegally. Some commonsense would not go amiss.]</strong></p>
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		<title>
		By: Andrea		</title>
		<link>https://daphnecaruanagalizia.com/2009/01/arbitrary-detention/#comment-20668</link>

		<dc:creator><![CDATA[Andrea]]></dc:creator>
		<pubDate>Sun, 25 Jan 2009 10:57:15 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=1466#comment-20668</guid>

					<description><![CDATA[Accurately described! Super article!]]></description>
			<content:encoded><![CDATA[<p>Accurately described! Super article!</p>
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