(File photo)

Two apartments which had been turned into makeshift mosques in 2009 were not covered by the necessary permits, a court heard today.

Mr Justice Silvio Meli was hearing evidence in the case instituted by seven men against the Commissioner of Police and the MEPA Chairman after the ‘mosques’ were closed down by the authorities. The constitutional case was filed by Toutoungi Mouwafak, Tariq Razee Hidayathullah, Haroun Ali, Mouhanad Toutoungi an, Elkatwy Houssein Ahmed Hussein and Ashraf Abde Azzedine.

They are requesting damages, claiming that an enforcement notice issued on the premises was in breach of their rights under the European Convention.

They had written to MEPA arguing that it could not consider the flat as a mosque for a number of reasons, including the lack of minarets, places for ritual bathing and the fact that the building does not face Mecca.

They had also argued that this case was based on religious discrimination, arguing that other religious groups had not been barred from meeting in private residences for prayers.

MEPA representative Oliver Magro told the court today that the buildings in question were two residential apartments in Sliema and St Paul’s Bay. The permits were for residential purposes.

Answering questions by MEPA lawyer Ian Borg, the witness said the authority had issued two enforcement notices because there had been a change of use from a ‘place of residence’ to a ‘place where people gather.’ He explained that permits are related to the use of a particular structure, adding that places where people gather require a Class 7 permit.

He said MEPA had not received any application for change of use by the occupiers before it sent out its enforcement notices. The occupiers have still not applied for such permits.

Mr Magro said prayer meetings did not require MEPA permits if they were a one-off event, although a police permit may be needed. Things are different if the place is to be used regularly for such activities, however. “That would require a MEPA-issued licence, irrespective of the organisation or religion,” the official said.

The court heard how the no more prayer sessions were held at the apartments since the enforcement notice was issued. As such there is currently no issue with the Class 1 (residential) permit.

The witness clarified that MEPA had never had any reason to take action against the (Muslim) occupiers before the apartments started being used to host these sessions.

The case continues in March. Lawyer Joe Brincat is appearing for the plaintiffs. Lawyer Victoria Buttigieg is appearing for the Police Commissioner.

The MEPA action has led a group of Muslims to meet for prayers near the Msida church. The Malta Muslim Council Foundation says four premises that had been used by the community were closed without proper reasons given in the past 15 years. They say that the open-air praying sessions are covered by police permits and are not intended to antagonise anyone. The practice has led to some controversy and the Ghaqda Patrijotti Maltin held a protest on the site on Sunday.