Five NGOs have raised their concerns about the government's planned magisterial inquiry reform with the leadership of the European Union and the Council of Europe, insisting that the government is misleadingly describing it as following the lines of the recommendation made by the Venice Commission, when it actually does not reflect the intentions or spirit of the recommendations.
"If adopted, Bill 125 will effectively consolidate the almost impregnable shield protecting the Government from investigations of corruption, nepotism, maladministration and other crimes perpetrated by the people mandated to lead the country," the NGOS said.
"These actions can only be interpreted as a knee-jerk reaction to successful petitions to the court of Magistrates filed in recent years which have led to some high-profile prosecutions of high-ranking civil servants, former ministers and a former prime minister," the NGOs explain.
The bill is being debated in Parliament, with the Opposition voting against. Several other constituted bodies and civil society groups have criticised the government for rushing through the bill without public consultation.
"Summarily, whilst indeed introducing additional rights to victims of crime subject to an inquiry, the Bill severely restricts the rights of any person to petition for a magisterial inquiry in cases where the police or prosecution fail to act. It bars potential complainants from approaching the judiciary directly - as is the pertaining situation - by requiring them to firstly file a report with the police. Complainants would also be expected to identify and name a suspect, note the acts committed, flag the alleged offence and present evidence before the inquiry even begins, effectively forcing them to assume the role of investigator and prosecutor."
"The above must be read within a Maltese context where there exist several institutional and governance challenges in the area of justice and the fight against corruption together with a culture of impunity for public officers, as already recognised by the European Commission, the European Council and the European Parliament. We also underline that the Malta Police Force is, on paper and in actual fact, a department within the Home Affairs Ministry. Its performance in recent years in relation to the several allegations of corruption and malpractice in the highest levels of Government further convinces us of the inbuilt inefficacy of the proposed new system."
The European leaders were urged to raise concerns with the Maltese authorities and within their respective institutions.
The letters, signed by Daphne Caruana Galizia Foundation, aditus, Graffitti, Fondazione Falcone and Repubblika can be seen in full by clicking below.
Letter to EU
Letter to Council of Europe