The Malta Independent 19 April 2024, Friday
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Multiple international journalist groups report Cardona’s garnishee order to Council of Europe

Helena Grech Sunday, 12 February 2017, 10:36 Last update: about 8 years ago

A number of international journalist groups, including the European Federation for Journalists, the Committee to Protect Journalists and the International Press Institute, have all filed a complaint with the Council of Europe regarding the warrant of seizure filed against journalist Daphne Caruana Galizia.

Mrs Caruana Galizia reported allegations, based on a source that allegedly saw Economy Minister Chris Cardona and his EU presidency policy aide Joe Gerada at a brothel, called FKK Acapulco, in Velbert, Germany, while on an official visit to attend a conference in Essen, about 30 minutes away from the brothel.

Dr Cardona and Dr Gerada have categorically denied this claim, stating that they are baseless and ‘fake news’. In response, they filed two libel cases against Mrs Caruana Galizia, as well as a motion for a warrant of seizure to be issued for maximum damages, roughly €11,500. This means that €47,000 in Mrs Caruana Galizia’s bank accounts has been frozen.

It must be noted that court proceedings have not yet begun, let alone a verdict.

The Institute of Maltese Journalists have condemned the move, calling it “political” and “exaggerated”. It also called on the minister to reconsider his actions.

This case, as it stands, is the first one reported to the media freedom platform of the Council of Europe. The Council of Europe differs from the EU Council, it is an international organisation focused on the promotion of human rights, democracy and the rule of law in Europe. A vast number of human rights abuses in Europe that are not settled in national courts end up being heard before the European Courts of Human Rights, a subsidiary of the Council of Europe (CoE).

The case was flagged to the CoE under the ‘harassment and intimidation of journalists’ category, and lists the state as the source of the threat.

In addition to the case being referred to the CoE by the above-mentioned organisations, others such as Mapping Media Freedom have also reported on the case. Such groups are formed to ensure that the rights of the press are not infringed.

It has been reported, but not yet confirmed, that Dr Cardona intends to file further libel suits and whether these will be accompanied by garnishee orders or not.

The Civil Society Movement and the Malta Humanist Association have all decried the move, with the former calling for a rethink on warrants of seizure/garnishee orders against journalists.

Dr Cardona had issued a statement which said that the warrant of seizure was issued against Mrs Caruana Galizia because she is in fact a blogger who writes lies and ‘fake news’. He said that this would not be done against any other journalist because of the standards they employ.

 Local independent press have also criticised the move; however, some have made it clear that they do not support Mrs Caruana Galizia’s style of writing. Others think it is justified only in her case due to her harsh style, while many say that this sets a precedent whereby other politicians could take such action against any other journalist, giving some sort of flimsy excuse.

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