Jailed in Tunisia, released by a revolution, cross to Libya into another uprising, get to Malta and find themselves arrested again

After six months in a Tunisian jail, and a daring escape in last month’s uprisings that ousted President Ben Ali, two Maltese youths made it to Libya, only to get caught in the anti-Ghaddafi revolt,  manage to get onto a plane in Tripoli and get arrested by Maltese police on their arrival tonight. 

Thomas Camilleri of Gzira and Glenn Paul Xuereb of San Gwann – both 22 years-old – were arrested at 6pm at the airport after they managed to get onto a flight amid the chaos in Tripoli.

 The boys – who managed to make it to Libya after crossing the border from Tunisia two weeks ago.

They fled from Mornaguia Prison near Sousse when their jail was destroyed in the revolt that toppled Ben Ali, only to find themselves caught up in the new violent protests, this time calling for the ouster of Libyan leader Muammar Ghaddafi.

 According to sources, the boys arrived in Tripoli on the day the protests erupted and were lucky to make it to the Maltese embassy that supplied them with documents to travel, and subsequently put them on the passenger list for the flight that left Tripoli at 5pm and arrived at 6pm.

However, on their arrival, both Camilleri and Xuereb were taken aside by the police who were waiting for them, and escorted them to Floriana for interrogation, and subsequently held under arrest.

It remains unknown if the boys will be charged for the offence they were expected to be tried for in Tunisia since July of last year.

They faced 30 years for conspiracy to trafficking and export a large amount of marijuana to Malta.

 

 

  

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@ Michael001: Now, regarding what you say about cannabis, neither do I agree with too much alcohol and cigarettes, especially the latter. Probably it's because there are so many taxes imposed on them that they are socially-approved - society tends to be extremely double-faced and with double standards, don't you think? However, this does not dismiss the fact that cannabis is a drug and it is destructive, socially, physically, emotionally and psychologically. It may not be debatable for you, but with all due respect, you are just one person, an individual. You would not be looking at the benefits of youth if you continue persisting in your error, that is, writing in favourof cannabis use. Yes I do agree with you that society is extremely double-faced and with double standard. In fact I believe that alcohol alone is more destructive - socially, physically, emotionally and psychologically than cannabis. Probably a 40-hour work week is even more destructive - socially, physically, emotionally and psychologically than any illicit substance. Honestly, the biggest killer in the Western world is Ischaemic heart disease which is caused by stress, tobacco and unhealthy lifestyles. With all due respect, but it is very likely that you are in the error here. You might want to read what the Center for Crime and Justice Studies of the UK has to say about the subject. It's only 13 pages and it's quite an interesting read. http://www.crimeandjustice.org.uk/opus1714/Estimating_drug_harms.pdf
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Jon Sciberras
@Michael001 as you said nor am I to judge nor should you. There are different types of drugs and different reasons. I am merely knowledgeable of the law, but that does not make me a judge. Then again, do you think most judges make good judgement? The mirror stands between us, and you might be standing behind
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Albert Zammit
@ falke: I find it strange that you are no alien to Uni studies; your words betray you when you speak in such a negative manner with regard to University studies when compared to what these two men did. Fine, they were not sentenced but they committed a crime and so, matters have to take their course. Again, I find it strange that two commenters here are siding so much in favour of these two men.
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John Mifsud
@George Spiteri Debono The point you mention is an interesting one, but I doubt how relevant it is to Malta, where the Consitution expressly limits the legislative authority of Parloiament to Malta. Had the Constitution intended to confer that power, it would have mentioned expressly, as it does in the case of retrospective legislation. The US has a long tradition of extraterritorial legislation, unlike in our legal system.
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John Mifsud
Michael001 For you information, not only do I have two degrees from UM but also a postgraduate degree obtained abroad (I paid the fees and other expenses myself - very few Maltese can say that!). As for my family, I have graduates over several generations and in more than one country - great-grand parents, great-uncles, father, uncles, an aunts, a niece, a nephew, cousins....no children (as yet). Obviously, you are an arriviste who ' qatt ma libes qalziet, u meta libsu.......' BTW, these young men were not 'caught and sentenced by a Court of Justice' - they were still awaiting trial.
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@ Michael001: I don't need to be careful as I don't know any of the 2 boys and even if I did, it would be irrelevant to this discussion.
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Albert Zammit
@ consequences - Again, with all due respect, are you a judge, a magistrate, to dish out the sentence yourself? Like myself, you are a mere layman and do not know the law, when it comes to sentencing. Everyone says that any sentence is 'too much'. Just wait till your own son or daughter fall victim to drugs, and then you will sing a different song.
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Albert Zammit
@ falke: 'Standard of criminal justice in Tunisia were (and are)certainly not up to Western democratic requirements.' As I told David Caruana, the two men should have stayed away from that country if it was 'certainly not up to Western democratic requirements'. And what do you mean by that, anyway? Who has 'Western democratic requirments'? Take Great Britain for instance. Remember the Guildford Four? The Birmingham Six? So many innocent people who languished in British prisons because of YOUR so-called 'Western democractic requirements'? Why not look closer to home? Our own local frame-ups are not unknown!
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Albert Zammit
@ David Caruana - I would be careful how you write, if I were you. You are coming across as if you have something personal in favour of either or both of these two men. 'After all, who said that these boys weren't framed by someone in Tunisia?' Whatever the case, these non-boys - you keep on calling them 'boys', I wonder why! - should have steered clear of Tunisia if they were somehow doubtful that they wouldn't be given a fair trial! Don't play with fire, they say.
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Albert Zammit
@ falke - 'They have shown far more courage and initiative than their cohorts, the the mummy's boys we pay from our taxes to 'study' at university.' Probably you are one of those Maltese who have no sons/daughters/nephews/nieces/brothers/sisters who have made it to University. You are also an ignoramus in the sense that you generalise and put all Uni students in one basket and believe that Uni students do nothing and do no studying. You also have the audacity - or as we say in Maltese, int imbecilli bizzejjed - to dare say that these two guys who were caught and sentenced by a Court of Justice, are better than our Uni students. Disgusting. How do you keep your face up, in public?
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Albert Zammit
1. @ David Caruana: Jekk ma tilghabx b'certi organi, ma tafx xi pjacir qed titlef! :-) Now, regarding what you say about cannabis, neither do I agree with too much alcohol and cigarettes, especially the latter. Probably it's because there are so many taxes imposed on them that they are socially-approved - society tends to be extremely double-faced and with double standards, don't you think? However, this does not dismiss the fact that cannabis is a drug and it is destructive, socially, physically, emotionally and psychologically. It may not be debatable for you, but with all due respect, you are just one person, an individual. You would not be looking at the benefits of youth if you continue persisting in your error, that is, writing in favourof cannabis use.
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@falke You should probably take a look at the Supreme Court case of US v. Curtiss Wright for an explanation of the constitutionality of extraterritorial provisions. This case explained that each Sovereign State has what it calls a foreign affairs power which doesn’t directly depend on whether the Constitution expressly grants such power to Parliament or not. Re. International Law, the Court in Curtiss Wright also said that the basis for a Sovereign State’s power to legislate extraterritorially actually lies in the jus gentium. Which is why extraterritorial laws must conform with International law. Now I know you will point out that this is a US Supreme Court case, but you ought to appreciate it's relevance to your point. Re. the standards of Tunisian criminal justice, I have to disagree with you again – it is under the Maltese justice system that these two individuals might be prosecuted now and no longer the Tunisian one. It will be our justice system which will weigh any confessions, evidence, facts etc. You have to trust it!
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John Mifsud
@George Spiteri Debono Human rights and international law have nothing to do with it. The issue is whether the Parliament of Malta is enpowered by the Constitution to legislate with extraterritorial effect. The connexion with Malta would need to be proved - this is not easy, even without the chaos prevailing at the present time. And yes, standards of criminal justice in Tunisia are very relevant. What if, for example, confessions were extracted under torture?
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Jon Sciberras
30 years is a bit harsh, but I agree with most of the comments, a punishment must be due, at least 3 to 4 years each.
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@falke It's a pity that you cannot make a connection between Article 22 of the Drugs Ordinance and Article 65 of the Constitution. It's validity is NOT in question and it is certainly in line with human rights and international law. Anyway conspiring and possibly attempting (not sure if that stage of the offense was reached) to sell and deal in drugs in Malta is sufficient connection imho. Plus, the standard of criminal jsutice in Tunisia would be irrelevant if they were prosecuted in Maltese Courts, one would 'simply' have to prove if the ingredients to satisfy responsibility under our provisions existed. But you are right, since the alleged crime was committed in Tunisia it will be that much harder to prove because the evidence, even if it was collected in the first place, would be nearly impossible to acquire.
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John Mifsud
@ George Spiteri Debono The constitutional validity othe subsections you mention is moot. The Constitution enpowers Parliament to make laws 'for the peace, order, and good government OF MALTA'. Therefore, a connexion with Malta would have to be proven. Another thing. Standard of criminal justice in Tunisia were (and are)certainly not up to Western democratic requirements. Should our Police and ultimately our courts debase themselves to such levels?
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@David Caruana I didn't say anything about proving it, that would be up to the AG. My point is that there are possible grounds.
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@ Gozoman1954: - Smoking a few joints during the weekend makes you a regular user. - You smoked to replace alcohol? So you agree that cannabis is a healthier substitute to alcohol. - If your workmate smokes skunk before or during work, then he has a problem that is greater than the substance he consumes. That makes him an ABuser and not a user. It also makes him dangerous if he drives or operates machinery under the influence. - "If people were having the odd joint once in a while it wouldn't be a problem" - WRONG, under Maltese law even personal use is a "problem". - "The young people today are taking cannabis as well as alcohol and sometimes other drugs as well" - That's what you get in an unregulated market where cannabis is illegal. In places such as Amsterdam, one cannot purchase alcohol from a 'coffee shop' that sells cannabis. - "The dealers can't make a lot of profit selling cannabis compared to heroin or cocaine so in many case they will hand out harder drugs" - There you go, so we agree that the current legal framework pushes the cannabis user towards harder drugs. If cannabis was legalised or decriminalised such as it is in Amsterdam, anyone looking for cannabis will get just that and would not be exposed to harder drugs. -"As for cannabis being eaten or vaporised, come on, how often does that happen?" WRONG. If there cannabis grass was readily available or cultivation for personal use was legal, I would definitely invest $600 in a vaporiser. You would get only the active ingredients without the cancerous carbon monoxide (which you get from inhaling any kind of smoke - be it of tobacco, cannabis or dry basil leaves)
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These kids should write their story. It will make them some money perhaps dissuading them from trying to make money in other, less legitimate, areas.
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@Michael001 As far as i know the two boys , have not yet been prosecuted , let alone been given a sentence. If my memory serves me well they were awaiting trial . According to the news they weren't even found in the possession of the drug, and if you read the article again you ll realise its conspiracy they are being charged for . What ever happened to the notion of innocent until proven guilty ? I am in no way justifying the wrong doings these two MEN have done , but one cannot jump to such sudden conclusions. To say that it is fine to traffic cannabis as it is a lesser drug, in my opinion is out of line , as although its effects are not a severe as other drugs, in our country it is still noted as an illegal drug.
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@David Caruana. A lot of what you say is true David but somewhat flawed as well. When I was a young man I used to smoke a few joints at the weekends and to be honest it never did me any harm. However I wasn't a regular user of the drug and when I did use it I did so in order to replace alcohol. The problem today is that there are much stronger varieties being used called 'skunk'. I work with a guy who practically lives on the stuff and to say he's out of his head most of the time would be an understatement. If people were having the odd joint once in a while it wouldn't be a problem but that's not happening. The young people today are taking cannabis as well as alcohol and sometimes other drugs as well. As for your assertion that the use of cannabis does not lead to harder drugs that is not strictly true. The dealers can't make a lot of profit selling cannabis compared to heroin or cocaine so in many case they will hand out harder drugs free of charge just to get young people hooked in order to increase their profits. As for cannabis being eaten or vaporised, come on, how often does that happen?
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@ George Spiteri Debono: That is hard to prove, especially with the current situation in Tunisia. After all, who said that these boys weren't framed by someone in Tunisia?
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@ falke There are grounds to prosecute them under Maltese law. The Drugs Ordnance in Article 22(e) and (f) applies the personality principle, making certain behaviour committed by Maltese outside of Malta an offence under our laws.
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@ falke There are grounds to prosecute them under Maltese law. The Drugs Ordnance in Article 22(e) and (f) applies the personality principle, making certain behaviour committed by Maltese outside of Malta prosecutable in our Courts.
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@ Tal-Hamrija: Three?! Three?!?! Quite a small number for statistical value. You'd be surpsrised how many doctors, lawyers, students and other learned people around you make use of cannabis while going on normally with their lives.
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Correction for the below: "...If you remove cannabis from the equation, they will still end up using heroin or *cocaine..."
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Michael Gauci
@David Caruana. The three cannibis users I know of personally here in Malta are all spaced out weirdos,permenantly spaced out. The drinkers I know sober up within hours,none of them cause any trouble during or after drinking.
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@ Tal Hamrija: Of course no one on this island would invest $600 in a medical vaporiser. You need grass and not resin to use in a vaporiser, something which you don't find very often in Malta and something which can give you from 6 months to 4 years incarceration for growing - even for personal use. Some research contradicts my research - you're right, but I hope you realise that "some research" is commisioned by parties who have vested interests in keeping this plant illegal, such as pharmaceutical companies. I witness regularly a different breed of druggies, those who binge drink in the streets of Paceville and I'm more than conviced that a thousand pot-smokers are less dangerous than one single drunk. The alcohol and tobacco indurstries are the real "society wreckers", however these are legal, accepted and even contribute to our GDP! @ david_lexicon: "Cannabis is dangerous because it drives you to harder drugs like cocaine and heroin" - FALSE! Millions around the world smoke cannabis without ever touching any other substance. The heroin or cocaine user will eventually end up using these substances with or without cannabis. If you remove cannabis from the equation, they will still end up using heroin or cannabis. Besides, you seem to forget that each and every heroin or cocaine user starts the "journey to the substance" with ALCOHOL
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Michael Gauci
@David Caruana. Eaten or vaporised cannabis? I know what a small percentage do with the stuff but more than 90% is smoked.It is illegal to do so. Some research contradicts your research.I see these druggies with my own eyes, I have witnessed them under influence.That is enough for me to be convinced that harsh penalties are required for these society wreckers.
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John Mifsud
Unless there is evidence that these young men committed an offence in Malta, the Malta Police have no right to arrest them. They have shown far more courage and initiative than their cohorts, the the mummy's boys we pay from our taxes to 'study' at university.
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Well done to Maltese Police to arrest these 'boys'. Cannabis is dangerous because it drives you to harder drugs like cocaine and heroin. All drugs are harmful so cannot debate this issue.
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Michael001, m'hemmx ghalfejn tkun mahmug fi kliemek - ma nafx int, imma jien ma nhobbx nilghab b'certi organi. L-ikbar zball f'dal-pajjiz hu li QATT ma saret distinzjoni bejn is-sustanzi. Ta' min tfittex x'qal id-direttur tas-Sedqa fuq dan is-suggett: "At the same seminar, Dr Grech also complained that Malta’s drug system – unlike virtually any European equivalent – makes no effort to distinguish between different drugs, despite the fact that (in the Sedqa director’s own words), “it is one thing to use heroin, and another to use cannabis.”" Tal-Hamrija, maybe it's highly debatable for you, but for me it isn't. I did enough research and got enough first hand experiences from cannabis users. I am 100% sure that cannabis (especially if eaten or vaporised but NOT smoked) is less harmful than alcohol and tobacco.
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Albert Zammit
@ David Caruana - 1. Dawn mhux tfal. Dawn irgiel. Ghax ma tmurx tghidilhom f'wicchom li huma 'tfal'? 2. Kannabis ... hija droga. Ejja ma noqghodux naghmlu distinzjonijiet u nilghabu biz-z*bb! Ippruvaw imexxu droga biex jistghanew, dak il-pajjiz qabadhom u sabhom hatja u tahom sentenza. Dawn mhuma xejn ghajr mahrubin!
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Michael Gauci
@David Caruana.It is highly debatable wether cannabis is less harmful. Even so, in Tunisia it is illegal to deal with the stuff so that argument holds no water. They will probably get their freedom from Maltese Authorities if it is found they broke no law in Malta.They should not expect to be sent back under present circumstances either so expect them in Paceville soon.
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"BOYS" !!!! Come on. These are two of the modern trendy youths who want to make easy money at the expense of the lives of their victims. They do not want to work. I ask where certain "lazy" "BOYS" are getting their money to support their extravagant lives: expensive powerful cars, among other perks, when they do not have permanent jobs. I also ask where are the authorities who should be looking into the lives of these modern roaming barons?. Is it possible that only the authorities do not know about these poor "BOYS" ?.
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Droga?! Dawn kannabis ALLEGATAMENT kienu ha jimpurtaw - kannabis, mhux kokaina jew eroina. Il-kannabis taghmel inqas hsara mill-alkohol u t-tabakk + f'hafna pajjizi zviluppati saret tigi accettata ghal valuri medicinali taghha. Jekk ghandkom tghajjtu "Sallbu! Sallbu!" nahseb ahjar tippruvaw issallbu lil barunijiet li jdahhlu l-kokaina u l-eroina u mhux lil dawn iz-zewgt itfal. L-azzjoni taghhom m'ghandiex titqies aghar minn dik ta' impurtatur tal-kutrabandu tat-tabakk u xorb (ghalkemm kif diga' ghidt, dawn jaghmlu hafna iktar hsara mill-istess kannabis)
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Dawn is-suppost Youths Boys droga lejn Malta kienu se jgibu nispera li jiehdu li haqghom u ma tigi murija l-ebda simpatija maghhom.
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Albert Zammit
@ Solidarity: But with what right do you come pontificating that they have 'had their punishment'? NO, THEY HAVE NOT. How do you know that they won't do it again? In this light, I cannot but agree with the other three commenters below. (Ghax ma ntuhomx xi gieh ir-republika wkoll!)
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vincent carbonaro
22-year-old 'boys'.... and who wrote this article? a 6-year-old man?
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@ Solidarity What punishement did they have? They were still not brought to court. They must pay for their acts, and harshly. Do you have children, grand childre or newphews/nieces? What if any of your relatives get thier lives ruined from some "Youths/boys" like these? Hope you will never pass through such tragedy.
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Michael Gauci
They are not 'Youths' or 'Boys' as described. They are both 22 years old and fully aware of the consequences of drug dealing.They must be dealt with accordingly.
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I Think they had their punishment and believe they won't repeat the mistake.