Country

Malta

Detention issue

Solitary confinement

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Criminal Code (Chapter 9 Criminal Code to amend and consolidate the Penal Laws and the Laws of Criminal Procedure)Solitary confinement may be that imposed as a punishment by virtue of a court order, or that following an offence against discipline. A national minimum standard in relation to duration is stipulated as no longer than ten continuous days, with no less than two months between solitary confinement periods. The court imposing solitary confinement may only impose it if it is satisfied that the convicted persons is medically fit to undergo solitary confinement, and such medical fitness should subsist throughout the duration of the solitary confinement.
Prisons Regulations (Prisons Regulations, Subsidiary Legislation 260.03, 1 October 1995)Cellular confinement – including the solitary confinement imposed following a violation of prisons regulations or a commission of an offence – must be undergone in a cell meeting the Regulations’ relevant standards.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report