Convicted drug trafficker claims breach of human rights

Four defence lawyers have submitted yet another application against Malta at the European Court of Human Rights in Strasbourg after the Constitutional Court  did not uphold their claim for a retrial.

Contrary to the Constitutional Court's decisions on past cases, the court held that the lack of legal aid for Mario Borg during an interrogation by the police, did not constitute a breach of human rights and denied the convicted drug trafficker a re-trial. Borg is now claiming that his right to a fair trial was breached.

The applicant is also seeking redress over the fact that the compilation of evidence against the accused was heard by the inquiring magistrate who had concluded that there was enough evidence to place Borg under a bill of indictment.

In a trial by jury, Borg was found guilty and sentenced to 21 years' imprisonment and fined €70,000.

The defence lawyers are demanding that the European Court declares that the decisions of the Constitutional Court breached the accused's human rights and award him a retrial.

The case revolves around the arrest of Mario Borg in April 2003 on suspicion of importation of drugs. During the investigation he admitted his involvement in the crime. Witnesses Kandemir Meryem Nilgum and Kucuk Melek were also arrested and released statements which were presented as evidence against Borg. At the time, Maltese law did not provide for legal assistance during investigations, hence neither of the three were legally assisted.

By 2009, Malta was the only EU country not granting a suspect the right to be legally assisted during the investigation, however Malta regularized its position in 2009. Meanwhile the Maltese Constitutional Court upheld three requests for constitutional reference in criminal proceedings and held that the statements presented as evidence breached the rights of the accused to a fair hearing, declared the statements null and void and ordered their removal from the acts.

In view of this Mario Borg initiated proceedings before the First Hall of the Civil Court asking that his trial is annulled. The Civil Court turned down his request and on 25 January 2013 the Constitutional Court rejected his appeal.

In his application to the Court in Strasbourg, Borg argued that he did not have access to an independent and impartial tribunal and the Maltese Constitutional Court misinterpreted European judgements on the right to a lawyer. The Maltese court had claimed that legal assistance is required to eliminate abuse in the cases of vulnerable people under arrest.

The application was signed by lawyers David Camilleri, Joseph Gatt, Franco Debono and Marion Camilleri.