Ombudsman

Commissioner for Inmates' Welfare and Development

CIWD

37/100

Summary

The Office of the Commissioner for Inmates' Welfare and Development was established by Legal Notice 476 of 2021 as subsidiary legislation under the Prisons Act (Cap. 260), created following the 2021 Grech Board of Inquiry into deaths and abuse at the Corradino Correctional Facility. The Commissioner is appointed by the President of Malta on Cabinet recommendation for a five-year term, after consulting a supervisory board. The Commissioner has unrestricted access to all parts of prison facilities and to all prisoner records, and may interview any prisoner in private. Functions include promoting and safeguarding prisoners' rights; reviewing policies and making recommendations to competent authorities; reviewing all incident and death records; and investigating complaints about care and treatment by the Correctional Services Agency or healthcare professionals serving in the prisons. The Commissioner may make recommendations but has no binding discipline authority and cannot compel testimony or documents. The office reports to both a supervisory board and the Home Affairs Ministry.

Independence Scorecard

Independence Score: 37/100 (weak)
37/100
Weak
Methodology v0.1
AppointmentExecutive appointment
Term length5 years
Removal standardFor cause only
Budget independenceExecutive discretion
Subpoena powerNo
Compel testimonyNo
Records accessFull access
Public reports requiredYes
Pre-publication reviewExecutive review

Statute

Name
Commissioner for Inmates Welfare and Development Regulations
Citation
Legal Notice 476 of 2021 (subsidiary legislation under Prisons Act, Cap. 260)
Full text
Full text of law →

Jurisdiction scope

Corradino Correctional Facility and all facilities within the prison system managed by the Correctional Services Agency; promotes and safeguards prisoners' rights, investigates complaints about care and treatment, reviews incident and death records

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