The court has rejected a defence raised by the State in a case filed by journalist Manuel Delia regarding his denied requests to visit migrant detention centres, and over a 'controlled' visit he was granted to the Corradino Correctional Facility.

Delia claimed that his freedom of expression was breached when his free access to migrant centres as well as the Corradino Correctional Facility were denied.

Delia made several formal requests in 2019 and 2020, to get permission to enter the prison and detention facilities to report on allegations of abuse as well as inhumane and degrading treatment suffered by prisoners and immigrants.

The case brought forward by Delia was against Minister for Home Affairs, and national security Byron Camilleri, and Ex- Director of Prisons and CEO Corradino Correctional Services Agency, Head Detention Services, Principal Immigration Officer  Alex Dalli and the State Advocate.

Delia was only given permission to visit the Corradino Correctional Facility, which he did on the 1 September of 2020, the court heard. But Delia said that his visit was controlled, and that he was only able to see certain parts of the facility, meaning that he couldn't investigate allegations of cell overcrowding, living conditions, access to hygiene and other factors. He argued how the denial of access to prisons and detention centers for the purpose of investigation is a violation of the Right to Freedom of Expression.

The applicant asked the Court to declare that his denial of access of the centres, and the controlled access of the prison, violated his rights as per the European Convention. He also, among other things, asked the court to order the State to give access to the centres and the prison so that he would be able to interview prisoners and detainees, with the aim being to report the truth about the allegations of inhumane and degrading treatment, which is of public interest.

The defendants noted that Delia had been granted a visit to the prison, and said that restrictions were necessary as it is a high security facility, among other things.

They also said that Delia didn't need to personally enter the prison or detention centres if he wanted to obtain general information about the people being held in the prison and the detention centres, as this information is already available to the public through reports issued by non-government entities.

The defendants argued that Delia's rights were not breached and that as the complaint dealt with alleged abuse of administrative discretion, the judicial review and administrative tribunal should deal with it.

The court noted that the argument regarding the administrative review made by the defence needs to be decided before the rest.

In a decision taken on Tuesday, the court highlighted how this remedy, which the authorities said Delia should have used, does not offer an effective remedy. Thus the court is allowing the case to continue.

Lawyers Paul Borg Olivier and Eve Borg Costanzi represented Delia in the proceedings.