The Malta Independent 24 October 2021, Sunday

Law firm advises Caruana Galizia’s family that investigation is in ‘flagrant breach of ECHR'

Friday, 8 December 2017, 17:09 Last update: about 5 years ago

International law firm Doughty Street Chambers have advised Daphne Caruana Galizia’s family that the investigation into her assassination violates procedural requirements of Article 2 of the European Convention on Human Rights (ECHR).

On behalf of the firm, Caoilfhionn Gallagher QC and Jonathan Price say “we are of the firm view that Malta is in flagrant violation of the Article 2 investigative duty and thus in breach of its obligations under the ECHR”, and that “from the information available at this stage it appears highly likely to us that the Maltese authorities have also violated other human rights of Ms Caruana Galizia and the bereaved family, under Articles 2, 3, 8, 10 and/ or 13 ECHR (and indeed under other international human rights treaties and domestic law).”

The lawyers concluded that Malta is in breach of its obligations to Daphne Caruana Galizia’s family under the ECHR. Their legal opinion calls for swift action to be taken by the authorities in Malta to immediately remove the Deputy Commissioner from his role and to apologise to the family “for the failure to appropriately update and involve them in the investigation, and alter the way in which information is provided to them to comply with Article 2’s requirements.”

They further note that the involvement of external, impartial investigators is “an essential requirement, and an extremely urgent one.”

Doughty Street Chambers is home to leading specialist barristers who advise and appear as advocates for clients in courts and tribunals around the world. The Chambers practise in crime, civil law, public and administrative law, international law, mediation, and arbitration, frequently in cases invoking issues of human rights and civil liberties. Doughty Street is home to over 120 barristers, including 29 Queen’s Counsels.

The full document can be read in this pdf

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