Josè Herrera calls for release of unlawfully detained man

Gatt, faced with drug trafficking charges, was granted bail in August 2001 against a personal guarantee of approximately €23,300. Restrictions were placed on his leaving his residence, only allowing him to accompany his son to and from school. Following a complaint that the accused was seen in Valletta on an unspecified date after curfew, Gatt was found to have breached his bail conditions and was ordered to pay back the guarantee.

As he was unable to make bail, proceedings were brought against him in July 2006 where one day of detention was ordered for every €11.60 which converted the guarantee to more that 2,000 days in prison (more than 5 and half years).

Gatt alleged that his imprisonment was excessive and disproportionate under the Criminal Code and filed a case at the ECHR.

Dr Herrera complained that although he had written to the government demanding the release of the man, his pleas went without response. He is demanding the release of a prisoner who is unlawfully detained and holding the government responsible for damages.

He noted that the case could be referred to the Grand Chamber – another European Court, though up to 99% of cases referred result in dismissal.  Moreover, it could take years for the case to be heard and Herrera recommends his client be released until the date of the case.

He also says the ignoring judgment of the ECHR would have political ramifications and cause embarrassment for Malta on an international level.

He also called for a committee to be set up to study judgments of this nature and judicial reviews and submit proposals for necessary changes to be made in legislation.