266 tal-2007 - Regolamenti tal-2007 dwar Bord tal-Viżitaturi għal Persuni Detenuti

L.N. 266 of 2007

IMMIGRATION ACT

(CAP. 217)

Board of Visitors for Detained Persons Regulations, 2007

BY virtue of the powers conferred by article 36 of the Immigration

Act, the Deputy Prime Minister and Minister for Justice and Home

Affairs has made the following regulations>-

The title of these regulations is the Board of Visitors for Title.

Detained Persons Regulations, 2007.

(1) There shall be a Board of Visitors for Detained Persons, Board of Visitors.

hereinafter referred to as “the Board”, composed of a Chairman, a

minimum of two and maximum of eight members and a Secretary as

shall be appointed annually by the Minister responsible for immigration,

hereinafter referred to as “the Minister”.

(2) The Visitors shall hold office from the 1st January of

the year for which they shall be appointed.

(3) If any vacancy in the Board occurs during the year, on

account of death, resignation or for any other cause, the Minister shall,

as soon as practicable, appoint another person to fill the vacancy>

Provided that the Board and the members thereof may act

notwithstanding any such vacancy.

Functions of the

The Board shall have the following functions>

Board.

(a) to satisfy itself as to the treatment of detainees, the state

of detention centres premises and the administration of the detention

centres<

(b) monitor the administration of the detention centres’

disciplinary system and inform the Minister of its findings< this

includes the authority to attend disciplinary hearings of detainees<

(c) to advise the Minister on any matter relating to the care

of detainees, as well as to the organisation and improvement of

the detention centres and the Detention Service, which the Minister

may refer to it or any ancillary matter on which the Board deems it

opportune to tender its advice to the Minister<

(d) to advise the Minister on matters relating to work and

activity to be performed by detainees<

(e) to inquire into and report upon any matter which it deems

proper, or the Minister requests it, to enquire into<

(f) to act as the body of persons responsible for a National

Preventive Mechanism for the prevention of torture, as provided

for in the Optional Protocol to the United Nations Convention

against Torture< and

(g) to perform such other functions as are assigned to it under

these regulations.

(1) The Board shall meet at least once a month at such place

as the Board may from time to time determine.

(2) Except where otherwise provided in these regulations,

the quorum for meetings of the Board shall be of half the number of

members plus one.

(3) The meetings of the Board shall be presided by the

Chairman or, in his absence, the Deputy Chairman or a member

appointed by the Board to preside the meeting.

(4) The Head (Detention Services), hereinafter referred to

as “the Head”, may attend the whole or any part of a meeting of the

Board if so invited by the Board and shall give to the Board any

information it may require for the due exercise of its functions.

(5) Minutes of the proceedings and deliberations of the

Board shall be drawn up by the Secretary of the Board and the relative

Minutes Book shall be kept in his custody. Such minutes shall be read

and confirmed at the first meeting after the meeting to which they relate,

or any subsequent meeting, and shall be signed by the Chairman or

other member presiding the meeting at which they are confirmed and

by the Secretary.

(6) Evidence on oath, in connection with a complaint or an

enquiry under these regulations, may be heard by one or more of the

Board’s members as may be designated for that purpose by the Board

which shall also designate the member who will administer the oath.

(1) The Board shall visit and inspect Detention Centres not Visits and

inspections by the

less than once a month in such manner as the Board deems convenient. Board.

(2) If the Board so requests, such visits and inspections shall

be attended by the Head and any other officer designated by the Head.

(3) The detainees shall be asked if they have any complaints

to make with regard to their treatment in the Detention Centres and any

detainee wishing to make a complaint shall be heard in such part of the

Centre as the Board may deem fit>

Provided that no sanction shall be ordered, applied, permitted

or tolerated against any person or organization for having communicated

to the Board any information, whether true or false, and no such person

or organization shall be otherwise prejudiced in any way.

(4) Neither the Head nor any other officer shall be present

while a detainee is making a complaint before the Board. The Head,

however, shall be heard on any such complaint.

(5) The Board shall keep a record of all complaints made to

it by detainees and its decision thereon, and shall, if it deems necessary,

take the sworn evidence of the complainant and of such officers and

other detainees or other persons as the Board may deem relevant. The

oath shall be administered by the Chairman or other member presiding.

(6) Unless it is evidently frivolous or groundless, every

request or complaint shall be promptly dealt with and replied to without

undue delay.

(7) Where it is not considered practicable by the Board to

carry out a visit or an inspection under the foregoing provisions of this

regulation by all the members of the Board, a visit or an inspection

carried out by not less than three members designated for such purpose

by the Board shall be deemed a visit or an inspection carried out by the

Board, and the foregoing provisions shall apply to any such visit or

inspection in the same manner and to the like effect as to one carried

out by the Board. Any record kept by the members carrying out such a

visit or inspection and any complaint received by such members shall

be referred to the Board at its next meeting and entered in the minutes,

provided that if it is necessary to hear any evidence on oath during any

such visit or inspection the oath may be administered by any one of the

members conducting the visit or inspection.

(8) The members of the Board may also make such visits

or inspections either together or separately at any time, whether by day

or night, whenever they consider it desirable to do so. Such visits or

inspections may also be made without prior notice to the Head. A report

of such visits or inspections shall be made to the Board at its next meeting

unless the members carrying out the visit or inspection consider to inform

the Board earlier through the Chairman.

It shall also be the duty of the Board to hear and decide upon,

as soon as practicable, any request or complaint made to it by a detainee,

or any person on his behalf, other than those made directly to it or to

any of its members during the course of a visit or inspection.

(1) The decisions of the Board shall be taken by a majority

of the members present and voting. In the case of an equality of votes

the Chairman shall have a casting vote in addition to his original vote.

(2) The decisions of the Detention Board shall not be binding

upon the Head but it shall be the duty of the Head to take serious

cognizance of the recommendations of the Board following a decision

taken as provided in subregulation (1) and to enter into a dialogue with

the Board on possible implementation measures. When the Head, or

any other officer acting on his behalf, is of the opinion that the

recommendations of the Board cannot be implemented for reasons which

are in the best interests of the Detention Centre administration, an

explanation in writing of these reasons shall, within one month of the

date of receipt of the Board’s recommendations, be forwarded to the

Chairman of the Detention Board and copied to the Minister, or to a

person delegated by him. The Minister, or the person delegated by him,

may confirm or vary the decision of the Head.

(1) The members of the Board shall make a note in the

official Visitors’ Book of every visit or inspection made by them, with

such remark as they deem proper in regard to the Detention Centres

and the detainees.

(2) The official Visitors’ Book shall be produced to the

Board at each monthly meeting and at such other times as the Board

may require.

(3) The Minister may request to examine the official

Visitors’ Book and the minutes book of the Board.

(1) No person having any interest in any contract for the Disqualification and

abstention of

supply of goods or services to the Detention Centres shall be a member members.

of the Board.

(2) If any member of the Board is related by consanguinity

or affinity, up to the fourth degree inclusive, to any detainee or has any

professional interest in any detainee, other than as a member of the

Board, he shall forthwith make a declaration of such relationship or

interest to the Board and such declaration shall be entered in the minutes.

The said member shall thereafter abstain from taking part in the

proceedings and deliberations of the Board on any question relating to

such detainee and from voting thereon.

(3) A member who absents himself without valid reason

for more than four consecutive meetings shall be considered as having

resigned his post.

The Board shall draw the attention of the detainee to any Matters for Head’s

matter which calls for his attention and shall report to the Minister any attention.

matter which it considers expedient to report to him.

The Board shall inform the Minister immediately of any abuse Abuses in Detention

Centres.

which comes to its knowledge and shall have power to recommend to

the appropriate authority the taking of disciplinary action against any

officer.

The Board shall arrange for the food of the detainees to be Inspection of food.

inspected by a member of the Board at frequent intervals.

The Board shall inquire into any report made to it, or any Reports on

detainee’s health.

information otherwise coming to its knowledge, that a detainee’s health,

mental or physical, has been or is likely to be injuriously affected by

any conditions of his detainment.

(1) The Board and every member thereof shall have access Access to premises

and records.

at any time to every part of the Detention Centres and to every detainee

and may interview any detainee out of the sight and hearing of all

officers.

(2) The Board and every member thereof shall have access

to all Detention Centres’ records.

(1) The Board shall make an annual report to the Minister

at the end of each year concerning the state of the Detention Centres

and their administration and, generally, the carrying out of its functions.

(2) Confidential information collected by the Board shall

be privileged and no personal data shall be published without the express

consent of the person concerned.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.24 (€0.56)