Maltese man fighting extradition to Lithuania files Constitutional case

Angelo Spiteri, a Maltese businessman who is fighting extradition to Lithuania on fraud charges, has filed Constitutional proceedings requesting the court declare a law which could result in years of pre-trial imprisonment, unconstitutional.

Spiteri is the director of a Lithuanian-registered travel company Atostogu Sandelis, who is wanted to face fraud charges in Lithuania. He is the subject of a European Arrest Warrant in Lithuania, where along with two others, is accused of setting up “Atostogu sandèlis” (loosely translated as "Holiday Warehouse") in Vilnius – a false company which would convince its victims to sign accommodation agreements with certain hotels and after signing and receiving payment for this, would deliberately not provide the service which he had received payment for.

Spiteri has been fighting extradition since his arrest in December 2015, on the strength of a European Arrest Warrant. Upon his arraignment, Spiteri had been granted bail, but this bail was automatically revoked as soon as the court of Magistrates upheld the extradition request in January.

Persons who have been adjudged extraditable by the court of Magistrates, are categorically precluded bail under the Extradition Act.

Spiteri has been held at Corradino prison since January, not because of a breach of his bail conditions, but because of a legislative quirk. Under the Extradition Act, the moment a prima facie case is found for extradition, bail is automatically revoked. The law obliges the court to order the subject's imprisonment, irrespective of any appeals against the prima facie decision.

What this means, in practice, is that for the duration of that appeal – normally anything from 3 to 5 years - the accused must be remanded in custody with absolutely no chance of bail, in spite of being presumed innocent at law.

This morning, Spiteri's lawyers; Jason Azzopardi, Kris Busietta, Eve Borg Costanzi and Patrick Valentino have filed Constituional proceedings demanding both his immediate release on bail and compensation for the deprivation of his liberty.

The man's arrest is illegal, argue his lawyers, because Extradition Act contains sections which are in breach of the European Convention on Human Rights.