Matthew Vella
The Justice and Home Affairs Ministry yesterday said it would not rule out “restarting the debate” on allowing detainees access to a lawyer while in police custody.
But the ministry’s reaction, coming in the aftermath of the independent Manchè inquiry into the death of Nicholas Azzopardi, revealed no clear plans on when it intends to discuss the enactment of the six-year-old legal amendment that has so far been shelved.
Azzopardi, 38 from Floriana, died in Mater Dei Hospital on 22 April, two hours after claiming to have been severely beaten while under arrest at the Floriana depot between 8 and 9 April. Two separate inquiries, one conducted by Magistrate Antonio Vella, and an independent inquest entrusted to retired judge Albert Manché exonerated police from responsibility for his death.
The Manché inquiry was cited as the latest reason why the Justice Ministry has to date failed to implement the amendment to allow persons in custody the right to speak to a lawyer.
Yesterday, minister Carm Mifsud Bonnici said he recognised that the issue had been brought to the fore in the immediate aftermath of the Azzopardi case. “As you are well-aware, the conclusions of these inquiries did not highlight any failure of the current provisions for the investigation and interrogation of a suspect. This does not mean, however, that Government will not be interested in restarting the debate with all stakeholders regarding its activation.”
In 2002, parliament unanimously approved a number of revisions to the Act governing arrest and detention procedures. Amendment 355AT(1) provides that “a person arrested... shall, if he so requests, be allowed as soon as practicable to consult privately with a lawyer or legal procurator, in person or by telephone, for a period not exceeding one hour.”
The ministry has stated that since “several other new radical provisions which were put into effect within a brief period of time… it was felt that it was not the right and opportune moment to set this article in motion.”
It is understood that the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is aware of this legal amendment, since it last visited the country during a visit between 20 and 26 May.
CPT secretariat member Kristian Bartholin had told MaltaToday that access to a lawyer while under arrest is considered a sine qua non in ascertaining that an individual’s rights are respected.
“It is a safeguard we would very much like to see in any country. Access to a lawyer, as well as the right to notify a third party that you have been arrested, is a fundamental safeguard against the possibility of abuse.”
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