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Ambassador’s allegations ‘serious affront’ to European Court of Human Rights
Strasbourg court rejects Joseph Licari’s allegations of manipulation
15 August 2013, 12:00am
Matthew Vella
Matthew Vella
3 min read
Former ambassador Joseph Licari
A spokesperson for European Court of Human Rights has told MaltaToday that the president of the Strasbourg court has expressed concern over claims by former ambassador Joseph Licari that the court's decisions dealing with migrants' claims and asylum policy were being manipulated by NGOs.
"The president of the ECHR is particularly concerned at these allegations which he rejects as being without foundation," the spokesperson for Judge Dean Spielman told this newspaper yesterday.
"Judgments of the Court are the responsibility of the Court alone and any suggestion that the Court is being manipulated by staff members is unacceptable and a serious affront to the Court."
Licari, whose contempt for the Council of Europe's human rights commissioner was remarkable enough to be commented upon by his American counterparts, this week alleged that judgements of the European Court of Human Rights are being "manipulated" by a court insider and Maltese NGOs.
Just a month after his 14-year career in Strasbourg came to an end, Joseph Licari - former ambassador to the Council of Europe - has alleged that a decision by the ECHR to stop the 9 July pushbacks, and two decisions to uphold complaints on the degrading conditions of the detention of asylum seekers, have "led [me] to suspect that someone is working hand-in-hand with Maltese NGOs to manipulate."
"This is my suspicion, there is no other word for it," Licari said.
"Whoever is drafting these sentences, is not focused on being objective, but their aims are the same as those of the NGOs," Licari said, claiming that the ECHR was being uncharacteristically fast in dispensing judgement.
"It makes me think that there was someone on the inside manipulating these sentences... there is a political aim to encourage illegal immigrants to come here and force the Maltese government's hand in welcoming them."
Licari did not deny suspecting that the alleged "insider" was Maltese.
His statement is the most recent of allegations against human rights supporters and other European politicians, in a flurry of anti-migration sentiment provoked by the attempted pushback to Libya on 9 July, which was stopped by the Strasbourg court on a petition by Maltese NGOs.
Wikileaks revelations
Despite being ambassador to Europe's foremost human rights institution, Licari was a critic of the former commissioner of human rights, Thomas Hammarberg, deriding him as "God's gift to the world."
In a confidential cable from the US embassy in Strasbourg released on Wikileaks, US consul-general Vincent Carver described Licari as one of the ambassadors with "a bad history of bad relations with Hammarberg."
In the cable dated September 2009, Carver said Hammarberg was "criticized by a few ambassadors for having written in June to all COE member states calling on them to consider accepting detainees from Guantanamo. The Maltese Ambassador (one of those criticizing Hammarberg) told us privately that Hammarberg thinks he is 'God's gift to the world'."
Carver singled out Licari as only one of "a few ambassadors" with bad relations with Hammarberg - whose dogged criticism of Malta's detention system for asylum seekers might offer clues into why Licari is annoyed at the ambassador. "Most member states respect and even relish Hammarberg's independence. We do not expect this recent criticism to stifle Hammarberg from raising the detainee issue with European officials," Carver wrote in the cable.
Matthew Vella, a freelance journalist at MaltaToday, was formerly executive editor at Malt...
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not amused manna for the chosen few. Misery for the rest.
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When it comes to believing a local or a foreigner, I will not trust the foreigner. It is irrelevant whether the person is a Pn or a PL. I am old enough to remember how some Maltese were big lackeys of the British-before independence-they did so for their own selfish reasons. Today, it is still the same. Apparently those that want a job in Brussels will leave no stone unturned to get it. Its human nature-or rather Maltese nature, they will bring up all sort of excuses(biex jidhru helwin) to defend the foreigner. This selfish policy apparently, comes before the good of the country.
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If mud-slinging becomes a trade mark of Maltese diplomacy then we should indeed drop any Europeans pretentions while our constant threats to terminate our EU membership will hardly earn than an eye blink and doubt how EU citizens will lose any sleep over this eventuality. The majority of Maltese voted EU because of the economic manna it brought with it and yet the small print of obligations & responsibilities were conveniently overlooked. Equally important is that our maltese way to do politics is hardly compatible with the European one and if we want to be taken seriously we have to work on our diplomatic finesse rather than the other way round.
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This is not a matter of PL or PN it is a national strategic matter. We were a colony up to 50 years ago and the last colonial masters and its army left our shores 34 years ago. Small barren islands without resources need to be nationalistic -its a way of preserving their identity- that is why Dr Borg Olivier- a great patriot- did not sign all the UN Refugee articles because he had a great strategic insight knowing that Malta was small, fragile and without resources. Malta hanina; it did host Ugandian Asians when they were exiled from heir homeland, but with the proviso that after some time they will be repatriated to the UK: that is how common sense works. I have diffidence in the EU migration policy towards Malta simply because they want these migrant s to stay here. We can save all the migrants of the Med:no problem with that but keeping them here by force is cynical irresponsible and smacks of bullying. Malmstrom-who hails from a large country-should be sensitive to these Maltese issues-just like the Italians are, and not simplistically without thinking say that one size fits all. After all she did not castigate her friends from renegating the burden sharing which was part of the agreement whom GonziPN and Simon signed and trumpeted on our behalf!
Paul Pandolfino •
Well done Joseph. Malta needs more people like you.
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Even the UK government recently had rows with the ECHR, especially in relation to the deportation of an Islamic preacher. The UK government also harshly criticized the ECHR for what it is, without any fear.
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I think the ex-ambassador is right, it is a case of the same people, members of the same klikka talking under different guises, titles, hats, cloaks or what have you,in Malta and sending behind the scenes communication, to the so called independent bodies of Europe, who without verification stamp on small countries, and are scared stiff of the first level governments like Britain, Germany and France...(please refer to Dalligate)
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Isn't Dr. Licari the same person who used to write the infamous, so-called "Malta files" in foreign journals during the time of the 1970-1980's Labour Government? Why is he giving interviews to the press now? May he too have vested interests and a personal agenda? How come the PN, of which (if I am not mistaken, in which case I present my regrets) Dr. Licari is an ardent supporter, has said nothing about what Dr. Licari is claiming?
Joseph MELI •
How ironic is it that the UK's PM -Cameron- who recently advocated leaving the ECHR when the UK disagreed with its findings regarding Abu Qatari- is now appealing to that Court by asking it to mediate in his country's disput with Spain over Gibraltar?So what will happen if the ECHR finds in Spain's favour?
Luke Camilleri •
ONLY confirms what Dr. Licari has been saying all along!
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The ambassador is not a fool. He knows exactly what is going on. Isn't it so easy and obvious?
The persons dining at the Court are the same ones dining at the Last Supper.
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Although I have no information to confirm or deny this particular case, the "independence" of the ECHR was thrown into doubt by the way they capitulated in the Lautsi vs. Italy case, where it was blatantly obvious that they backpedalled in response to various governments and public reaction, choosing popularity over justice.
eleonoray86cws Ca?uana •
No need to deny the allegations, he hasn't brought forward any evidence. First see his evidence then rebut it. But until he brings evidence forward, it's just talk that means absolutely nothing.
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I also believe the Maltese Ambassador on the hidden agenda and underhand dealings in the European Court of Human Rights. Hammerberg must learn that we are NOT his colony and if he wanted Guantanamo Bay prisoners hosted anywhere he shoudl have hosted them himself at his own home at his own expense. US consul-general Vincent Carver should also learn to stop interfering in other countries affairs and tell the USA to stop undermining other governments and encourage revolutions to put their puppet regimes in office. It is the USA fault that there are so many conflicts throughout the world due to their constant interference in other cuontries affairs and arming rebels. Doesn;t Carver rememebr that it was the USA who armed the rebels in Afghanistan when ti was invaded by the USSR which saw the dangers of Fundamentalist Islam? But then the USA was always the sworn enemy of the USSR and they armed the rebels who, when they had defeated the USSR forces, Fundamentalist Islam spread throughout the world and led to Islamic terrorist groups throughout the world, mostly through Al Qaeda which was set up by Osama Bin laden who was himself trained and supplied with weapons by the USA. This is the shortsightedness of the USA regime which is unable to see further than the edge of their army generals which is causing world-wide disruption at the expense of the world populations. Going back to the European Cou8rt and Convention, it is time to call it a day, denounce the European Convention on Human Rights and then Hammerberger and the Couirt would know where they can shove their decisions. We have enough human rights protection in our own Constitution and laws and do not need a foreign court to impose penalties on us for not providing ILLEGAL immigrants with five star hotal accomodation.
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Is is so amazing. When one has to remember how German courts formed and acted in unison with the authorities against their own people over and over the last time was Hitler's orchestrated legal murder of the handicap, or the French courts pleasing the French revolution. Some people never learn that those at the top have ways and means to protect themselves, of course this do not apply to today's high courts in the E.U. but they sure put you in doubt.
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I BELIEVE AMBASSADOR LICARI. I too suspect that there is a hidden hand behind all this attack against Malta in forcing Malta to take in all these illegal immigrants - by far the highest in the EU per capita of the population. The fact that Wikileaks singled out Licari as having bad relations with Hammarberg means that Licari was doing his work to side with his Country against these hidden hands who orchestrate all of the EU including the Court in Strasbourg. Once again I believe Ambassador Licari not the Court in Strasbourg who has shown contempt of Malta and the Maltese in its judgements, surprisingly all three in one week!!!
