Judgment concerning Malta
In the case of J.B. and Others v. Malta the Court held that there had been a violation of the prohibition of inhuman or degrading treatment, a violation of the right to an effective remedy, a violation of the right to liberty and security and a violation of the right to have lawfulness of detention decided speedily by a court.
The case concerned the detention in a reception centre, for almost two months after their arrival, then for at least another four months in the Safi Detention Centre, of the applicants, six Bangladeshi nationals who arrived in Malta in November 2022 after being rescued at sea. They alleged that they were 16-17 years old at the time. Five of the applicants were released in May 2023 and accommodated in an open centre for minors, while the remaining applicant who was found to be an adult, left Malta in August 2023 after his application for asylum was rejected.
The Court found that general measures at national level were called to ensure that legislation is put in place for the Immigration Appeals Tribunal to conform with the requirements of independence and impartiality; and to put in place a remedy, effective both in law and in practice, to complain about ongoing detention conditions.