Malta’s courts have rejected an attempt by Yorgen Fenech to block the Daphne Caruana Galizia’s family from making submissions in a constitutional case filed by the murder suspect regarding his continued detention.
Last month, Fenech filed constitutional proceedings arguing that his continued detention, 500 days after first being arrested, had no basis in law.
Fenech also objected to a request made by the Caruana Galizia family, for it to be allowed to make submissions in order to safeguard its rights.
In a decree handed down today, Judge Miriam Haymann started by noting that the family had both a personal and emotive interest in the case as well as a juridical one related to the application filed by Fenech.
Furthermore, the court said that it agreed with the point raised by the Caruana Galizia family in citing Article 2 of the European Convention on Human Rights which places a responsibility on member states to protect life within their territory, as well as a procedural obligation to carry out an “effective investigation into alleged breaches of its substantive limb”.
The court said that while this was not directly relevant to the proceedings at hand – Fenech’s constitutional complaint regarding him not being granted bail – it did strengthen the family’s position as parte civile in the criminal proceedings, in which they are there to ensure that all investigations and procedures concerning the case to proceed in the most rigorous and effective manner possible, as dictated by law.
The family’s interest in the case, the judge noted, percolated into the proceedings at hand.
The court accepted the family’s request to make submissions in the case.
What do you make of this decision? Comment below