Martin Dimech, 52 of Zejtun, who is accused with drug trafficking, has taken his case to the European Court of Human Rights because, he argues, the Maltese courts are not only violating the provisions for legal counsel to be present when a person is interrogated, but they have also made a U-turn in such cases.
The court in Malta were observing the decision handed down by the European Court in the Salduz vs Turkey case, and had done so till 2011, but the Maltese courts, especially if composed of three judges, are upsetting everything and breaching the spirit of the European courts.
The Constitutional Court in Malta had declared there had been discrimination against Martin Dimech, who is accused with trafficking 900 grammes of heroin, because he had not had counsel when signing a statement for the police, which statement is now null according to law.
But this decision was revoked on appeal, and the right for counsel disappeared. Dimech is arguing that every time the attorney general appeals, his fundamental right is being denied because everything is reverting back. He is asking the Strasbourg court to find there has been a violation in the latest decisions handed down by the Maltese courts.