Submitted by crinadmin on
Summary: An investigation into the imprisonment of two minors is to be launched by the Commissioner for Children, after various concerns were brought to her attention, regarding their imprisonment at Corradino Correctional Facility with seasoned criminals.
Commissioner for Children Helen D'Amato, who expressed deep concern at their imprisonment, said in a statement that "imprisonment is highly counterproductive, and does not fulfil the aims of rehabilitation, which is urgently required for young persons". The 15-year-old girl and her 16-year-old boyfriend were accused of having stolen some €400 from the girl's great uncle. They pleaded not guilty, but were remanded in custody at Corradino Correctional Facility. The current situation is that male juvenile delinquents are held at YOURS, a facility which is not part of the prison complex and which prevents them mixing with hardened criminals. Unfortunately no such facility exists for girls, which means there is no option but to have the girl together with older and seasoned criminals, despite the fact that she is only 15. Ms D'Amato said she would be launching an investigation into the administrative procedures and methods used. The investigation will be carried out in view of the provisions of the Commissioner for Children Act 2003 and the United Nations Convention on the Rights of the Child. The UN Convention on the Rights of the Child, which Malta is bound by, stipulates that a minor has a right "to be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence". Both of the minors live at YMCA, and the girl is under a care order, but in both cases their parents or their legal guardians were not informed of their arraignment, sources close to the investigation told this newspaper. Neither was the agency Appogg informed beforehand. Despite the fact that the girl asked for Peter Fenech to be her lawyer, when he was unavailable at very short notice, she had to make do with a lawyer she did not know or feel at ease with, rather than postpone the case, making it even harder for someone who was struggling in the first place. In the boy's case he was a first time offender, yet he was denied bail on a crime which is actually less serious than some others which are committed, but which are actually given a lighter punishment. Article 40 of the UN Convention on the Rights of the Child "recognises the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society." Ms D'Amato said that it is crucial that policies, procedures and structures are in place in order to protect children in breach of the law, to ensure that their rights as minors are fully observed. Despite the fact that both of them are children, come from a difficult background and are not well-equipped to defend themselves, as they can't really speak for themselves, they were remanded in custody and kept in prison with adult criminals. The minors' lawyer, Peter Fenech, was contacted by this newspaper but refused to comment, based on the fact that he was unaware of the terms of how the investigation would be carried out. To view CRIN's webpage on children in conflict with the law, click here