Heir of inmate who died in custody files Constitutional case

Jane Agius, heir of Carlos Chetcuti who died in prison after receiving a fatal dose of methadone, yesterday filed a constitutional application claiming that the inmate’s right to life was violated.

The case dates back to 22 February 1995. Carlos Chetcuti was being detained at the Corradino Correctional Facility and was receiving medication to help kick his drug habit. However on the fateful day he was administered 40cc of methadone, twice his usual dose. This led to Chetcuti suffering pulmonary oedema, which proved fatal.

Following the inmate’s death, the Civil Court ordered the Prisons Director to pay €38,213 in damages to Chetcuti’s family.

In today’s case, Agius argued that no damages had been awarded for breach of the right to life. “Article 2 reads, “Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.”

The plaintiff said that there existed no form of structure regulating the administration of Methadone in prison. This was also noted by the Civil Court in its judgement. Moreover the dose was administered by a state employee, making the state responsible for the inmate’s demise.

While material damages have been awarded to the inmate’s family, there exists no legal path to complain about the breach of fundamental rights other than through constitutional redress. The same is said for moral damages, which are not listed in financial terms. “The fact that there is no rationale about moral damages does not automatically imply that there is no right”, the lawyer said.

The Convention itself reads that in the case of a breach of Articles 2 and 3, compensation for the non-pecuniary damage dervied from the breach should in principle be part of the range of available remedies.

In her Constitutional application, Agius is asking the Court to declare that there is no health care structure at the prisons and the right to protection of life of Carlos Chetcuti was violated. Moreover the articles of law that deny moral damages are in violation to Article 13 of the Convention.

The lawyers demand that the plaintiff is awarded compensation, and a structure for financial damages is put in place.

Agius filed against the Attorney General, the Minister for Home Affairs and National Security and the Prime Minister.

Lawyers David Camilleri and Joseph Gatt signed the application.