For the first time, the Maltese judge sitting in the European Court of Human Rights (ECHR) in Strasbourg – Giovanni Bonello – has abstained from hearing a case against Malta.

The case from which Mr Justice Bonello withdrew was none other than the case lodged by Meinrad Calleja against Malta.

“The judgement Calleja v. Malta is up until now the only judgment delivered by the Court against Malta in which the judge elected in respect of this State withdrew from sitting in the case,” a spokesman for the ECHR told The Malta Independent on Sunday.

According to the judgement, Mr Justice Bonello withdrew from the case citing Article 28 of the Rules of the Court.

Article 28 states that “a judge may not take part in the consideration of any case if:

(a) he or she has a personal interest in the case, including a spousal, parental or other close family, personal or professional relationship, or a subordinate relationship, with any of the parties;

(b) he or she has previously acted in the case, whether as the Agent, advocate or adviser of a party or of a person having an interest in the case, or as a member of another national or international tribunal or commission of inquiry, or in any other capacity;

(c) he or she, being an ad hoc judge or a former elected judge continuing to sit by virtue of Rule 26 § 3, engages in any political or administrative activity or any professional activity which is incompatible with his or her independence or impartiality;

(d) he or she has expressed opinions publicly, through the communications media, in writing, through his or her public actions or otherwise, that are objectively capable of adversely affecting his or her impartiality;

(e) for any other reason, his or her independence or impartiality may legitimately be called into doubt.”

The ECHR spokesman said: “The reason why a judge withdraws from sitting in a case is not public,” so this information was not available.

As established under the rules of the Court, the Maltese government appointed former Chief Justice Giuseppe Mifsud Bonnici instead as an ad-hoc judge.

This is because the judge elected in respect of a state which is a signatory to the Convention – in this case Malta – has to be present when a case against that state is heard.

“According to the European Convention on Human Rights and Rules of the Court, ad hoc judges have the same prerogatives as any other judge of the Court,” the ECHR spokesman said.

Mr Justice Mifsud Bonnici was Malta’s judge in the ECHR prior to the appointment of Mr Justice Bonello.

In the Meinrad Calleja judgement, which was adopted unanimously by the seven-judge chamber on 17 March, the ECHR ordered the government of Malta to pay Euro 5,000 for non-pecuniary damage and Euro 4,832 for costs and expenses to Mr Calleja.

The ECHR ruled that his right to trial within a reasonable time was breached, and that Mr Calleja’s continued detention had not been sufficient to justify his being kept in detention for such a period, and that the reasons given for Mr Calleja’s continued detention had not been sufficient to justify his being kept in detention for such a period.

There have been a total of seven judgements against Malta handed down by the ECHR since the right of individual petition was granted in 1987.