The European Centre for Press and Media Freedom and 24 international press freedom and freedom of expression organizations, who between them represent thousands of journalists and human rights activists, have signed a letter to Malta's Prime Minister Joseph Muscat demanding a public inquiry into the assassination of Daphne Caruana Galizia.
Caruana Galizia was killed in a car bomb attack on 16 October 2017. Three men have been charged over the murder but the slain journalist’s family has called for an independent inquiry.
The letter states that both the criminal proceedings and magisterial inquiry focus solely on criminal culpability. “Neither process is investigating the wider and even more serious question as to whether the Maltese state is responsible for the circumstances that led to Ms Caruana Galizia’s death.”
“Article 2 of the European Convention on Human Rights requires Malta – as a Member State of the Council of Europe – to comply with its protective obligation by examining (a) whether Malta knew, or ought to have known, of a real and immediate risk to Ms Caruana Galizia’s life; (b) the adequacy of any steps taken by Malta to guard against that risk; and (c) any steps that Malta needs to take to prevent future deaths of journalists and/or anti-corruption campaigners.
On 9 August 2018, a team of international lawyers from Doughty Street Chambers and Bhatt Murphy Solicitors in London issued a legal opinion finding that Malta has failed to institute any inquiry into whether the Maltese state bears any responsibility for the loss of Ms Caruana Galizia’s life. Following the legal opinion, the family has submitted the following request to your government:
To establish a public inquiry under the Inquiries Act that is completely independent of the Maltese police, Government and politicians, and that is conducted by a panel of respected international judges, retired judges and/or suitably qualified individuals with no political or government links.
We fully support the request and urge you to reconsider your position and to respond immediately and positively to the request of the family of Ms Caruana Galizia. Protecting the lives and voices of journalists in Malta and across Europe depends upon this public inquiry. There is nothing to fear from this inquiry but the truth.
Seeking justice for Ms Caruana Galizia and protection for those who continue her legacy remains our top priority,” the organizations said.
Family insists on public inquiry
Meanwhile, at a hearing of the Council of Europe’s legal affairs committee, the Caruana Galizia family insisted that a public inquiry should take place.
Tony Murphy, a lawyer for the Caruana Galizia family, said a public inquiry would not only shed light on whether Daphne Caruana Galizia’s life could have been saved but also on whether vulnerable journalists and activists need protection.
Murphy said Malta has the legislation to do so. “It has a public enquiries act, it's flexible enough to include a national and international panel of judges and jurors who would have freedom to ensure that it is free from any influence.”
The lawyer said the family and its lawyers do not believe that the ongoing investigation is compliant with the Right to Life enshrined in Article 2 of the European Convention of Human Rights.
He also said the investigation could not be considered independent, as until recently it was led by Assistant Police Commissioner Silvio Valletta, who is married to a government minister.
Murphy said another concern was the lack of investigation into wider state complicity or collusion in the assassination, adding that not a single politician seems to have been interviewed by the magistrates one year after the assassination.
Speaking before the same committee, barrister Jonathan Price said Daphne Caruana Galizia had suffered significant harassment in the years prior to her assassination, related to her professional activities. She was also subjected to an onslaught of defamation proceedings, civil and criminal, while having her assets frozen. Many of the complainants were government officials.
Caruana’s subjects included members of the police and judiciary – the very institutions charged with protecting her while she was alive, and now the same ones investigating her death, he said.
He asked whether it was appropriate for Malta to rely upon its regular investigative and judicial structures “in a case of such gravity, complexity and sensitivity.”
During an intervention, Labour MP Stefan Zrinzo Azzopardi voiced concern about the impartiality of the hearing.
He said the government had used all available resources, including foreign law enforcement agencies, leading to the arraignment of three suspects.
He noted that the three experts chosen for the hearing could not be deemed independent. He said the manner in which the process was being directed suggested it was biased from the outset.