The detention of the man accused of masterminding the murder of Daphne Caruana Galizia did not breach his human rights, the European Court of Human Rights (ECHR) has ruled.

Yorgen Fenech, who was arrested in connection with the murder of Caruana Galizia in November 2019, had taken the state to the ECHR over the conditions of his detention at Corradino.

The case concerned his conditions of detention in the Corradino Correctional Facility and whether the Maltese authorities took adequate measures to protect him from contracting Covid-19 whilst in prison, in particular because he has only one kidney.

In today’s Chamber judgment the European Court of Human Rights held, unanimously, that there had been no violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights in relation to the Fenech’s detention while he was segregated.

The Court found in particular that Fenech’s period of segregation from others – due to having tested positive for cocaine – had lasted for no longer than 35 days; he had not suffered any harmful psychological or physical effects as a result, and the restrictions applied had not amounted to complete sensory isolation.

It also held unanimously that there had been no violation of Article 3 of the European Convention in relation to the conditions of detention later in the dormitory.

There had been no overcrowding, and as for the other restrictions that Fenech complained of, the Court considered that they had occurred within a very specific context, namely during a public health emergency, and had been introduced for important health reasons.

The Court ruled moreover, that the said measures had been imposed not only on Fenech but on society at large.

“Given the exceptional and unforeseeable context related to the Covid-19 pandemic, those measures, which were proportionate and restricted in time, could not be considered to have caused him greater distress or hardship than was unavoidable during detention in a pandemic.”

The Court also held that there had been no violation of Article 3 in relation to the State’s obligation to preserve his health and well-being.

It considered that the authorities had put in place relevant measures and had been vigilant in adapting their protocols to the evolving situation. While provision should be made to allow prisoners at highest risk to be separated from others, Fenech had not shown that he fell within the category of the most vulnerable.

The fact that he shared a dormitory and used the same medical, sanitary, catering and other facilities with other non-Covid-19-infected detainees did not in itself raise an issue under Article 3, the Court ruled.