Malta has been fined €5,000 by the European Court of Human Rights after it was found to have violated Article 5 of the Convention of Human Rights in the case instituted by a Lithuanian national for excessive detention at Corradino Correctional Facility.

The applicant, Tomas Mikalauskas, 32, was detained in Malta on drug charges in September 2009. He was then repeatedly remanded in custody over a period of ten months, after which he was granted bail subject to high financial guarantees.

As he was unable to pay, he remained in pre-trial detention for another 12 months. He was eventually released from detention in July 2011 when the guarantees were reduced. He currently lives in Qawra, Malta, while the criminal proceedings are still pending against him.

Relying on Article 3 (prohibition of inhuman or degrading treatment) of the Convention, Mr Mikalauskas alleged that the conditions of his detention had been inhuman and degrading given the health problems (recurring headaches) he suffered from, and that the medical care provided to him in detention had been inadequate. The court dismissed these claims.

He also complained under in particular Article 5 §§ 3 and 4 (right to liberty and security) about the excessive length of his detention on remand and his inability to effectively contest the lawfulness of his detention on account of the repeated refusals to grant him bail and the high financial guarantees once bail had eventually been granted.

The court found there had been a violation in this matter and ordered that Malta pays €5,000 to the applicant.