From colonised to coloniser : Malta’s migrant detention practices as a manifestation of State violence

Abstract

This paper examines the role of the Maltese government in detaining irregular migrants. This includes new arrivals who are de facto detained under public health legislation, those issued with detention orders under the Reception Regulations to verify identity or nationality and the risk of absconding (the two main reasons given by the Maltese government for detaining individuals), and those issued with removal orders pending deportation. International and national human rights law obligations and various commitments contrast heavily with State practice, as has been demonstrated by a number of recent habeas corpus cases in the Maltese courts and cases in the European Court of Human Rights (ECHR), which reflect policies and practices that create a punitive environment for asylum seekers and other detained migrants. These cases, alongside external visits and reports, have consistently deplored conditions in the detention centres, ruled lengths of internment illegal, spotlighted the detention of highly vulnerable individuals, and, in some instances, highlighted torture and degrading treatment in violation of international law. This paper posits that such practices amount to State violence, amounting to disciplinary power and neocolonial means of controlling a racialised group of people. A postcolonial analysis will be employed, bringing into light Malta’s unique situation as a former colony, now a reception state for asylum seekers on the borders of the EU, taking on the coloniser role within its own borders.