CAT/OP/MLT/1 I. Introduction 1. In accordance with its mandate under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Optional Protocol” or OPCAT), members of the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (“the SPT”) visited the Republic of Malta (“Malta”) from 6 to 9 October 2014. 2. The SPT members who conducted the visit were: Ms. Mari Amos (Head of the delegation), Mr. Hans-Jörg Bannwart, Dr. June Paguadan Lopez and Ms Aneta Stanchevska. 3. The SPT was assisted by two human rights officers from the Office of the High Commissioner for Human Rights (OHCHR). 4. The primary objective of the visit was to provide advisory services and technical assistance to the national mechanisms for the prevention of torture and other cruel, inhuman or degrading treatment or punishment of Malta (”the NPMs”), in accordance with article 11 (b), subparagraphs (ii) and (iii), of the Optional Protocol. The visit was intended to help strengthen the capacity and mandate of the NPMs, as well as to evaluate how to strengthen the protection of persons deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment in Malta. Another objective was to assess the strategies currently being followed to address the challenges and difficulties faced by the NPMs, taking account of the SPT “Guidelines on the national preventive mechanisms (CAT/OP/12/5) (“the NPM guidelines”). 5. Meetings were held with Government officials, the Board of Visitors of the Prison and the Board of Visitors for Detained Persons (whch are designated as the two Maltese NPMs), the Ombudsman, the Police Board, the Commissioner for Mental Health and Older Persons, the Commissioner for Children, Chairpersons of relevant Parliamentary Standing Committees, non-governmental organizations as well as United Nations representatives (Annex I). 6. Meetings were also held with the members of the NPMs, i.e. with both the Board of Visitors of the Prison (“the Prison Board”) and the Board of Visitors for Detained Persons (“The Detention Board”) which permitted the SPT to discuss with them their mandates and working methods and to explore ways of strengthening and increasing their effectiveness. In order to see how the NPMs apply their working methodologies in practice, the SPT also visited, together with the NPMs, places of deprivation of liberty which had been chosen by the NPM. (Annex II). These visits were led by the NPM, with the members of the SPT adopting the role of observers. 7. The SPT wishes to express its gratitude to the authorities of the Government for their help and assistance relating to the planning and undertaking of the visit. 8. The SPT also wishes to express its gratitude for the assistance provided by the Representative of the United Nations High Commissioner for Refugees in Malta prior to and during the visit. II. The national preventive mechanism 9. Malta acceded to the Convention against Torture on 13 September 1990 and ratified the OPCAT on 24 September 2003. On 8 April, Malta designated the Board of Visitors of the Prison (“the Prison Board”), established in 1976, as NPM by Legal Notices 265 and 341 3

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