A constitutional court has ordered Angelo Frank Spiteri to be released from custody immediately, after ruling that his extradition to Lithuania would breach his fundamental rights.
The court, presided over by Chief Justice Silvio Camilleri, Justice Giannino Caruana Demajo, and Justice Noel Cuschieri, ruled that the prison system in Lithuania could potentially be a high-risk to Spiteri's saftey and well-being.
This spells the end of a protracted court battle against Spiteri, who is the director of a Lithuanian-registered travel company, is wanted in the eastern European country to face charges of fraud. Authorities there say Spiteri, along with two others, set up the 'Holiday Warehouse' agency in Vilnius, which would take payment for accommodation agreements with certain hotels but fail to provide the promised service.
Spiteri was arrested in Malta on December 2015 after a European Arrest Warrant was issued.
He had originally been granted bail, but this was immediately revoked when the Court of Magistrates upheld the extradition request in January 2016.
Following a series of appeals, the Court of Criminal Appeal upheld the extradition request in February 2016.
However, in June 2016,a constitutional case within the First Hall of the Civil Court granted Spiteri bail as an interim measure.
This was later revoked by the constitutional court in January 2017.
On 18 May 2017, the First Hall of the Civil Court overturned the extradition request to Lithuania as it would have breached Spiteri's fundamental human rights.
The next day, the Court of Magistrates refused Spiteri's request to enforce the order, as nowhere in the sentence did it indicate that the arrest was illegal nor that he should be released from prison.
On 14 June 2017, a Constitutional Court presided over the same individuals as today's sentence, ruled that the European Arrest Warrant would remain in force, and Spiteri was thusly denied a release on bail.
Today, the court noted a number of reports, including decisions made by European Courts , which noted objective, reliable, specific and properly updated evidence of the systematic deficiencies of the condition of the Lithuanian prison system; namely prison overcrowding, space requirements, and hygiene.
The court also said that another report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on Lithuania for the year 2016, while not providing absolute proof, could not be ignored.
Spiteri was released from prison on the basis that the European Arrest Warrant no longer applies, and therefore should no longer be detained.
Lawyers Eve Borg Costanzi, Julian Farrugiua Jason Azzopardi, and Kris Busietta, represented Mr Spiteri.
The appeal was filed by the Attorney General.