Trevor Bonnici, 40, has requested the Constitutional Court to officially declare a breach of human rights so he can be immediately granted freedom. He was originally imprisoned due to drug-related offences.
The Court of Magistrates last week ruled that it had no jurisdiction to rule on the application, which was filed by lawyers Dr Jason Azzopardi, Dr Kris Busietta and Dr Julian Farrugia.
Mr Bonnici is demanding his release after he was convicted on the strength of a police statement that he had released without legal assistance after a 20-hour interrogation. This practise is now illegal, however it was permissible in 2004 when he was originally arrested.
The defence argued that the inmate’s fundamental right to liberty and freedom of movement, and his right to a fair trial were breached.
The First Hall of the Civil Court in its Constitutional jurisdiction, is being asked in the application to declare that the police statement which led to Mr Bonnici’s imprisonment was taken and used against him thus breaching the European Convention on Human Rights. According to the application, the court must annul his sentence, even though it has already been confirmed on appeal.
Once the sentence is considered to be null, his lawyers argued that his imprisonment was also unfounded and illegal and, therefore, he must be acquitted and immediately released, or at least released on bail pending the case’s outcome.
Mr Bonnici is also seeking damages due to his rights being breached.