CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION
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.
