Council of Europe report condemning rule of law in Malta approved
6802 Mins Read
A Council of Europe report on the rule of law in Malta has been approved with 72 votes in favour, 18 against and 3 abstentions.
A number of amendments put forward by the Maltese government were heavily rejected.
The Council of Europe report cites “systemic failings” in the rule of law and democratic checks and balances in Malta. It states that Malta’s government institutions, criminal justice system and law enforcement bodies do not comply with European standards on the rule of law.
Significant weaknesses include a lack of independence on the part of the police and other authorities, and excessive power in the hands of the Prime Minister. Worse, that concentration of power has been systematically abused and reinforced.
The report also highlights no less than 10 concerns about the investigation into the murder of Daphne Caruana Galizia, describing it as suffering from a “prevailing culture of impunity”. It notes that weaknesses of the rule of law and the criminal justice system are directly relevant to its analysis of the authorities’ response to the journalist’s brutal murder.
Other serious concerns included “inflammatory and misleading statements by persons close to the Prime Minister” and the “possibility that the Maltese security service may have had prior intelligence about the murder plot”.
However, the report also raises concerns about the fact that no criminal action was taken against Konrad Mizzi and Keith Schembri over the Panama Papers revelations, because it says, they enjoy the Prime Minister’s protection.
“The Assembly concludes that the rule of law in Malta is seriously undermined by the extreme weakness of its system of checks and balances. Noting that individuals such as Dr [Konrad] Mizzi, Mr [Keith] Schembri and Mr [Brian] Tonna seem to enjoy impunity, under the personal protection of Prime Minister Muscat… the Assembly considers that recent events in Malta illustrate the serious damage that can result from its dysfunctional system,” part of the report reads.
It argues that Malta still needs “fundamental, holistic reform”, highlighting the need to subject the office of Prime Minister to effective checks and balances.
