The Constitutional Court has upheld a ruling affirming Manuel Delia's right to access the Corradino Correctional Facility (CCF) and Malta's detention centres, confirming that denying him entry breached his freedom of expression under both the European Convention on Human Rights and Article 41 of the Constitution.

The decision, delivered on Monday by Chief Justice Mark Chetcuti, Mr Justice Giannino Caruana Demajo, and Mr Justice Anthony Ellul, upholds previous judgments by the First Hall of the Civil Court in April 2022 and December 2023.

The court confirmed that Delia must be granted access, subject to safeguards ensuring a balance between transparency, security, and privacy within Malta's correctional system. His visits are to be coordinated with the Director of Corradino Correctional Services and the Head of Detention Services, who may set reasonable timings and supervision arrangements.

Delia is permitted to take photographs and notes for journalistic purposes, provided he respects the privacy and dignity of prisoners, migrants, and staff, and refrains from recording material that could identify individuals without their consent. Authorities may impose proportionate logistical or security measures, but these cannot be used to obstruct or delay access indefinitely.

The ruling also emphasised the state's obligation to facilitate access in good faith, reaffirming that the right to seek and impart information is an essential element of journalistic freedom protected by the Constitution.

Delia's constitutional case dates back to September 2020, when he filed proceedings after eight formal requests for access to prisons and detention centres were denied. He sought entry to investigate reports of illegal practices, torture, and inhuman or degrading treatment of detainees.

In December 2023, Mr Justice Toni Abela upheld Delia's complaint, famously declaring that the days of "je suis le roi, je suis la loi" ("I am the king, I am the law") were over. However, the CCF Director and CEO appealed that judgment in January 2024, leading to the case's final confirmation by the Constitutional Court this week.