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Matthew Vella
The delay in the Hal-Safi inquiry by retired Judge Franco Depasquale on the 13 January incidents risks losing all effect over the Armed Forces of Malta’s excessive use of force as the army attempts to cope with over 900 detainees in its camps following a mass influx of 300 boat people in the last weeks.
But the effects of its publication any time sooner will be inevitably diluted, Alternattiva Demokratika chairperson Harry Vassallo told this newspaper, because of the risk of confusing the excessive use of force with the increased influx of migrants.
“It is an objective fact. Although it could not be anticipated, it is an effect of delay in publication of findings and consequently any public outcry about the use of excessive force by the armed forces will inevitably be diluted in its effect on public opinion.”
Vassallo had publicly called for the resignation of AFM commander Carmel Vassallo following the violent incidents.
Months after Prime Minister Lawrence Gonzi appointed a retired member of the judiciary to conduct an inquiry on 19 January, that was expected to be finalised ‘as soon as possible’, still no verdict has been delivered on the events which saw AFM soldiers brutally quell a peaceful protest by immigrants, injuring 26 detainees and two soldiers.
Harry Vassallo says the delay is not unexpected. “It suits the administration to have the findings published at a considerable distance from the occurrence. Whether or not this effect is deliberate on the part of the inquiring commission is irrelevant. It is an objective fact.”
He also lamented the fact that no magisterial inquiry was ever launched into the violent beatings. “The Prime Minister cannot override or substitute the judiciary… the judiciary appears guilty of dereliction of duty preferring to do absolutely nothing because the Prime Minister was quick on the draw. It is absurd. I doubt whether this could happen in any other country that claims to be bound by the rule of law.”
So far the retired judge’s inquiry has been marked by 66 sittings and interviews with some 40 detainees, some 20 doctors and several AFM soldiers and journalists present during the incidents.
Without any judicial function, Depasquale’s inquiry cannot indicate criminal responsibility, Vassallo said. “He could just as well have had any other professional background… Where are the magistrates? If a shop is burgled the magistrates turn up. If a dog is ill-treated the magistrates turn up. In this case zilch.”
matthew@newsworksltd.com
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