University of Minnesota

Conclusions and recommendations of the Committee against Torture, Malta, U.N. Doc. A/51/44, paras. 151-162 (1996).


Convention Abbreviation: CAT


Conclusions and recommendations of the Committee against Torture

J. Malta

163. The Committee considered the initial report of Malta (CAT/C/12/Add.7) at its 255th and 256th meetings, on 7 May 1996 (CAT/C/SR.255 and 256), and has adopted the following conclusions and recommendations:

1. Introduction

164. The Committee welcomes the submission of the initial report of Malta and thanks the Maltese delegation for the oral introduction, which gave rise to a frank and highly constructive dialogue with the Committee.

2. Positive aspects

165. The Committee notes with satisfaction Malta's firm commitment to the protection and promotion of human rights, as attested by its ratification of a number of relevant international treaties and by its recognition of the competence of the Committee to consider communications from States and individuals, in conformity with the provisions of articles 21 and 22 of the Convention.

166. The Committee expresses its satisfaction that the crime of torture has been incorporated in national legislation, in conformity with article 1 of the Convention.

167. The Committee notes with satisfaction Malta's adoption of a new interrogation code which contains provisions designed to ensure the prevention of torture and ill-treatment.

168. The Committee regards the abolition of the death penalty in Malta as a very positive development.

3. Factors and difficulties impeding the application of the provisions of the Convention

169. The Committee understands that Malta's unusual geographic and demographic situation poses certain obstacles to the full application of article 3 of the Convention.

4. Subjects of concern

170. The Committee is concerned that the available judicial remedies in the matter of return (refoulement) and expulsion are less than satisfactory.

171. The Committee is concerned at the absence from national legislation of the right of persons deprived of their liberty to immediate access to a lawyer.

5. Recommendations

172. The Committee recommends that the State party should introduce into its national legislation provisions permitting the full application of article 3 of the Convention.

173. The Committee would welcome a contribution by Malta, however symbolic, to the United Nations Voluntary Fund for Victims of Torture.


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