NGO Repubblika has condemned the secrecy with which the government is proceeding to amend the law on magisterial inquiries.
In a statement on Monday, Repubblika appealed to Prime Minister Robert Abela to "stop this ongoing assault on civil society." Last week, government tabled a controversial bill which would change the way magisterial inquiries are initiated, with Abela saying the intention is to stop what he described as "abuse" after several requests for magisterial inquiries were made in the past weeks.
Repubblika reminded the Prime Minister that a free and active civil society, capable of critical participation in the country, is an essential element of democracy.
"As the European Commission has repeatedly emphasized in its annual reports on the rule of law in Malta, civil society participation in the legislative process is vital in a democracy," Repubblika said.
It said that government must publish a White Paper outlining the proposed changes before taking them to Parliament and engage in open dialogue to hear public opinion, especially as the law proposes weakening a right that honest citizens currently enjoy.
Repubblika condemned Abela's attempt to discredit magisterial inquiries simply because they are initiated based on evidence published by journalists.
"Malta's recent history shows that journalists have uncovered evidence of corruption, when the country's responsible institutions refused to investigate it for years," it said.
The NGO said that without journalists' investigations, there would have been no inquiry or subsequent prosecution regarding corruption in the three hospitals.
"Without journalists' investigations, the corruption evidence revealed in the Panama Papers would have remained buried. Journalistic investigations alone cannot convict anyone. However, when they provide sufficient grounds to justify a state investigation, the state must pursue them," the NGO said.
Repubblika also condemned Abela's recent remarks describing citizens' requests for magisterial inquiries as "abuse" and "inquisition."
It said that the Prime Minister claims there are no safeguards for individuals accused in requests for magisterial inquiries, a statement "completely detached from reality."
"Not only do safeguards exist, but they exceed those typically found in countries where the rule of law prevails," Repubblika said.
It continued that Malta's current laws already include the rather unusual principle that a person suspected of committing a crime has the right to object to being investigated.
"It is important to recall that no magisterial inquiry can find someone guilty of a crime. An inquiry can only collect evidence for potential prosecution, where all normal safeguards apply, whether initiated by the police or a prosecutor," Repubblika said.
It added that any citizen can request an inquiry, but only a magistrate can decide to initiate one, and even then, only if all legal requirements are met.
"Robert Abela is lying to undermine the standard justice process," Repubblika said.
The NGO condemned Abela's remarks towards The Shift News, describing them as "a force of darkness" and a "fake news blog" where "90% of what they publish is fake news."
Repubblika said these accusations are baseless, and this deliberate falsehood seeks to discredit independent journalism, particularly journalism focused on corruption within public administration.
"When such false claims come from a Prime Minister, this is not merely defamation. It is an act of oppression, intimidation, and censorship," Repubblika said.
The editor of The Shift News Caroline Muscat has decided to sue Abela for defamation for the comments he made in the newsroom's regard.