Detention conditions for vulnerable asylum seekers in Malta : a breach of article 3 of the ECHR

Abstract

This study analyses interpretation of article 3 of the European Convention of Human Rights (ECHR) in judgements delivered by the European Courts of Human Rights (ECtHR) in cases concerning vulnerable asylum seekers in Maltese detention centres. As the ECHR explains, article 3 main principle addresses the prohibition of torture, degrading and inhumane treatment. This dissertation aims to understands how through national and regional legislation, Malta adhered to the positive obligation set by article 3 on regards vulnerable asylum seekers who are placed in detention. The judgements selected included vulnerable asylum seekers on the grounds of age and gender, and individuals who had specific medical needs. Through a qualitative analysis of verdicts delivered by the ECtHR, national and regional laws, this study identified systemic gaps in the treatment and care of vulnerable asylum seekers in the Maltese detention centre. Some of the findings exposed issues related to the ineffective detention conditions, overcrowdings in the detention centres, lack information, unprepared staff, poor conditions of detention facilities, and reduced speed in procedures related to identifying present vulnerabilities in the detainees. This has often been criticised by the ECtHR through presented judgements analysed in this study. The dissertation concludes by suggesting a number of recommendations that will improve the observance of article 3 of the ECHR in the Maltese detention centres.