Thursday, December 01, 2011
The two men presented the case before the Constitutional Court against the Minister for Justice and Home Affairs and the Principal Immigration Officer.
Abdulle left Somalia back in 2004 because of persecution from militant Islamists. He crossed the Sahara desert to get into Libya, and after that, get in a boat and cross the Mediterranean. The boat sank and Abdulle had to swim back to Libya, losing his son in the process.
Nur escaped form Somlia back in 2003 because of the on going war in his country. He crossed the desert ad reached Libya to get into a boat that would take him to Europe. Nur ad Abdulle were both headed for Europe in the same boat. They were rescued by a Maltese patrol boat and brought to Malta. Upon their arrival, neither of the two was given the opportunity to seek asylum in Malta. Less than a month later, Nur and Abdulle were forced back to Libya.
Once in Libya, the two were arrested and tortured. They were arrested for a whole year. In 2005, the two Somali men were left abandoned in the desert for 14 days, and eventually managed to get back to Libya. From Libya, they travelled back to Malta.
Upon filing their case, the court added that the Maltese government knew that Libya was a country that torture was practiced. ‘The two men were not alleging that they had been subjected to torture in Malta. Their application was based upon the fact that they had been forcibly repatriated to Libya against their wishes’ the court said.
Meanwhile, Aditus called this case judgement as a ‘Victory to the right to seek asylum’.
‘We’re very happy with this judgement because it is a reminder that human rights and their legal protection are not the prerogative of certain classes of people but are to be enjoyed by all.’
Aditus further highlights the judgement’s financial implications. ‘If Maltese tax payers are unhappy with paying this compensation, then they should immediately insist that the government pulls its socks up and simply stops violating the human rights of asylum-seekers and migrants.’