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Own initiative investigation conducted
In 2021, as a result of persistent media reports, alleging violations of basic human rights and non-observance of prison regulations within the Corradino Correctional Facility, and after NGO “Moviment Graffitti” wrote to the Ombudsman highlighting these concerns, the Ombudsman Mr Anthony Mifsud decided to conduct this investigation in accordance with sub-article (2) of Article 13 of the Ombudsman Act (Cap. 385).
As allegations focused primarily on specific incidents and, more particularly, on the conduct of the Director of Prisons, Colonel Alexander Dalli, the period under review spanned from July 2018 (when Col. Dalli was appointed to this post) to December 2021 (when he relinquished his position and was replaced by Mr Robert Brincau).
Nevertheless several instances of maladministration emerged that had their roots beyond the period in question, namely:
- The Director of Prisons’ approach to certain inmates.
- The endemic drug problem within the Corradino Correctional Facility (CCF); and
- To a lesser extent, the challenges posed by the Covid-19 pandemic.
Over the course of the investigation, evidence was gathered from a broad range of sources, including current and former inmates, uniformed and non-uniformed prison staff, and other individuals summoned as witnesses.
On the basis of the evidence, three focal points of maladministration clearly emerged:
1. Endemic dysfunctionality in prison management
- A pervasive lack of clarity regarding roles and responsibilities.
- A paucity of Standard Operating Procedures (SOPs).
- Poor understanding of inmates’ rights and the mechanisms available for redress when regulations were breached.
- Failure to maintain mandatory registers or produce them upon request, in accordance with the Prisons Act and Prisons Regulations.
Notably, the Director of Prisons who succeeded Col. Dalli, Mr Robert Brincau, was unable to furnish copies of SOPs or the prescribed “special registers.”
This dysfunctionality was further underscored by a report submitted to the relevant ministry on 9 December 2021 by Prof. Anton Grech, Dr Gorg Grech, and Dr Janice Formosa Pace, which, although was limited to mental health issues, unveiled serious shortcomings across various operational aspects of the CCF.
2. Degrading treatment of prisoners
Evidence pointed to deliberate and systematic subjection of some inmates to degrading treatment, in clear violation of the Prisons Regulations and potentially Article 138 of the Criminal Code. (i.e. Malicious violation of official duties by a public officer)
3. Use of intimidation as an operational tool
The investigation found that intimidation was frequently resorted to in pursuit of specific goals, chiefly to maintain discipline, to prevent the introduction of contraband, and to safeguard overall prison security.
Intimidation often led to or was employed alongside degrading treatment. It is important to note that the goals—such as upholding prison security—are not inherently unlawful.
However, the prevailing mentality within the CCF was that “any means” were acceptable to achieve these ends, thus undermining the rule of law and fostering abuses of human dignity.
Paradoxically, some inmates highly dependent on illicit substances appeared to tolerate or even welcome these forms of intimidation, particularly when combined with treatment approaches that skirted, or exceeded, acceptable standards.
In order to read the conclusions and the Ombudsman's recommendations, kindly click here.
Source: The Parliamentary Ombudsman of Malta
