| 1 |
The
process begins with a formal request made by the interested
person to the Ministry of Justice and Home Affairs
stating:
-
the desire to be
transferred to one's country,
and
-
that
the request is being made in accordance to the
Convention on the Transfer
of Sentenced
Persons
of the Council of Europe/or the Protocol
(with Libya or Egypt) concerned.
|
| 2 |
The
request is sent by the Ministry of Justice and Home Affairs
to the Director of Correctional Services (the Director
of the Corradino Correctional Facility, Paola) for
examination
|
| 3 |
The
Prison Director refers the case to the Commissioner of
Police for review, requesting information whether the
candidate:
-
Has pending cases,
and/or
- Is required to remain in Malta
to give witness in some other case
|
| 4 |
The Prison Director makes a compilation
of documents, which will include:
-
The request made by the prisoner
-
The information
received from the Commissioner of Police,
-
A copy of the
candidate's accusation/s, and
-
A copy of the candidate's
sentence/s.
The Director may also deem it wise to
include:
-
A formal certificate
by the prison's psychologist on the psychological
state of the candidate, and/or
-
A disciplinary
report on the candidate's behaviour history
while in custody.
|
| 5 |
The
compilation of the aforementioned documents, together with
a brief summary of the case, are sent by the Prison
Director to the Permanent Secretary at
the
Ministry
of Justice and Home Affairs for consideration. |
| 6 |
If the
Permanent Secretary considers it necessary to make
any queries about the case under review, he will
send the file back to the Prison Director with a record
of the relevant queries
|
| 7 |
After
seeing to the Permanent Secretary's queries, the Prison
Director will send the
file back to the Ministry of Justice and Home Affairs.
(Steps 6 and 7 shall be repeated as
much as necessary) |
| 8 |
When the Permanent Secretary
feels that the case has been reviewed to his full satisfaction,
the Minister of Justice and Home Affairs shall send the
file to the Attorney General for consideration. |
| 9 |
Should
the Attorney General consider it necessary to make
further questions to the
Minister, he shall send the file back with a record
of the relevant queries, and step 7 and 8 shall be
repeated
as much as necessary. |
| 10 |
When
the Attorney General feels that the case has been reviewed
to his full satisfaction, he shall send the file to
the relevant Embassy of the country to which the requested
transfer would be affected.
|
11 |
The
foreign embassy shall then channel the request, together
with all the gathered
data, to its government's Ministry of Justice (as applicable)
for consideration. |
12
|
Eventually, the foreign embassy shall
inform the Attorney General to the decision reaches,
that is whether the foreign country has accepted
that the transfer be affected or not.
The Attorney General shall, in turn,
relay the answer to the Ministry of Justice and Home
Affairs. The prisoner shall be informed of the answer
through the Prison Director.
|
| 13 |
If the answer is negative, the case
shall stop there, and a further request by the same
prisoner may be done at a later point in time.
If the answer is positive, immediate step
shall be taken for the transfer to be affected.
|
| |
Source:
Prison Authorities (2004)
|
Please note:
Files
have the loathsome tendency of getting lost or
skulk at the bottom of paper piles. It is advisable
that Mid-Dlam ghad-Dawl is contacted when a request
for
transfer is filed, so as to keep close track of the
process. This may speed up things.
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