Delayed justice in wilful homicide proceedings are a direct threat to democratic integrity, a report published today shows.
The report was compiled by The Daphne Caruana Galizia Foundation.
Justice at Risk: The Impact of Delayed Legal Proceedings in Wilful Homicide Cases in Malta, reveals "severe and systemic failures within Malta's judicial system, exposing how delays in homicide proceedings are denying victims and their families timely justice," a statement issued by the Foundation said.
Despite legal obligations under both national and international law to ensure fair hearings within a reasonable time, "Malta continues to fall short".
The country remains among the worst-performing EU member states for the length of judicial proceedings and has been repeatedly found in breach of its duty to deliver justice without undue delay.
The report, which analyses homicide cases between 2010 and 2024, uncovers alarming patterns of inefficiency and neglect that have eroded public trust in the justice system.
Among the key findings is a low resolution rate, with 46% of homicide cases committed and arraigned between 2010 and 2020 still pending.
Malta records an average of 6 murders per year, but only an average of 1.5 cases is concluded annually, leading to a mounting backlog of unresolved cases, the report says.
On average, accused persons wait three years for a trial date after being indicted, but there are cases which have extended beyond five years.
Long waits increase the likelihood of accused persons absconding, dying, or being declared unfit for trial, and of witnesses' memory fading and evidence becoming inadmissible as the law changes, the report says.
Malta has one of the highest expenditure rates on the courts, yet one of the smallest judiciaries per capita and one of the lowest resolution rates in Europe.
The report shows that urgent systemic reform is needed to restore the rule of law and public confidence. It called for a comprehensive, formal analysis of the justice system to identify all contributing factors to the delays.
It also recommended reduced bureaucracy and streamlined legal procedures; increased and better-managed human resources, and effective regulation of court translators and experts.
Specific targets for case completion and monitoring of the time between court hearings are suggested to ensure accountability.
The report also called for investment in and implementation of new technologies, such as AI systems for transcribing testimony, and a digital-first system for document filing and notifications.
There should also be an improvement of the management and layout of court halls for them to become more efficient and victim-centred.
The report's findings make clear that the current state of Malta's justice system constitutes not only a denial of timely justice but also a direct threat to democratic integrity, the report says. Without decisive and immediate action, victims, their families, and the public at large will continue to suffer the consequences of a justice system in crisis.
The Daphne Caruana Galizia Foundation called on the Maltese authorities to act swiftly to eliminate delays, ensuring justice is delivered in a reasonable time.
Link to full report may be found here