Daniel Meli’s Former Lawyer Joe Giglio Calls For ‘Thorough’ Extradition Law Overhaul
Joe Giglio, a PN MP and the former lawyer of Daniel Meli, has called for a “thorough overhaul” of Malta’s extradition laws.
“The extradition laws are too draconian and need a thorough overhaul,” Giglio told Lovin Malta. “They are an administrative exercise and the emphasis is more on states helping one another. There is little focus on the individual involved.”
Giglio originally took on Meli’s case, after he was arrested in February for allegedly selling and training criminals in the use of the Warzone malware as part of a global operation.
While Meli initially agreed to the US extradition request, his new lawyers Franco Debono and Arthur Azzopardi are arguing that he should be tried and sentenced in Malta and his parents have pleaded to the government to reverse the extradition.
Giglio said his legal advice to Meli to accept the extradition was based on the wording of the law, as well as the fact that his client was very willing to cooperate with the US authorities.
However, he endorsed a statement by the PN which called for the law to be updated and for Meli to be tried and sentenced in Malta.
“If we truly believe in the concept of mutual recognition of judicial processes, especially when the offence is also an offence in the requested state, then I don’t see why we should not embrace the lex fori principle,” Giglio said.
Lex fori is the right to be tried in one’s own jurisdiction.
He dismissed suggestions that the PN’s statement could be interpreted as a veiled criticism of his legal advice to Meli.
“Not at all,” he said. “I gave advice on the basis of the law as it is today. The statement we issued is critical of the law as it stands and is advocating the lex fori principle I explained above as a way to move forward.”
Daniel Meli’s parents have publicly urged the government to take action to stop their son’s extradition to the US and ensure he faces charges and potential sentencing in Malta instead.
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“He will be sent to America alone. No one will see him. No one will help him,” Lucienne told Lovin Malta. “There are very degrading prisons with a high rate of violence. Dirty prisons, a lot of murder, overcrowded, practically non-existent medical care. When you realise that your son might be sent there, you start to understand that there is a good chance he will never return.”
The government has said it is closely monitoring the developments in Meli’s case.
“While it is essential to unreservedly respect the judicial process, which is currently at the stage of a Constitutional Appeal, the government is taking into account the judgments already delivered by the Maltese Courts, as well as the declarations regarding Mr Meli’s health, considering the unique nature and legal complexities of the situation,” it said.
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