Two AFM officers appeal court decision over human rights violation

Two Armed Forces of Malta (AFM) officers have appealed the court ruling over their claim that their human rights were violated after being denied a promotion without being granted a fair hearing.

Last month, the court ruled that the Armed Forces of Malta did not violate the human rights of Lieutenant Colonel Mario Schembri and Major Pierre Vassallo when their promotion was rejected, without giving them a fair hearing, after they did not receive security clearance.

Mario Schembri and Pierre Vassallo had filed a constitutional application in the First Hall of the Civil Court against the Prime Minister, the Minister for Justice and Home Affairs, the Attorney General and the head of the AFM.

The two officers said they had applied for promotion, but their applications had been dismissed on the ground that they did not have security clearance from the National Security Authority (NSA). Moreover, the two claimed that their human rights were violated since they had been given no reasonable explanation or an opportunity to defend themselves.

In their appeal, Schembri and Vassallo said that they felt aggravated because the Security Service is not a tribunal, the Commissioner is not subject to the executive or a judicial body and the AFM Commander did not take any decision on the security clearence.

Officers who are not granted a security clearance do not lose their rank, however they are not eligible for further promotions.

When Lieutenant Colonel Schembri and Major Vassallo were informed that they were not granted the clearance, they had complained to the Commissioner appointed in terms of the Act regulating the Security Services.

The Commissioner had confirmed that the security clearance was not issued but failed to offer an explanation.

The court had ruled that the two officers' career prospects and their duties were clearly affected by the lack of clearance, however since the law did not exclude the officers' access to the courts, their human rights had not been violated.