Caruana Galizia murder investigation is in breach of human rights, lawyers tell family

International lawyers have advised Daphne Caruana Galizia’s family that the investigation into her assassination violates procedural requirements laid down by the European Convention on Human Rights.

In a statement diffused to the press by the victim's sister, the family attached a legal opinion by Caoilfhionn Gallagher and Jonathan Price from Doughty Street Chambers of London that "Malta is in flagrant violation" of its Article 2 obligations under the convention.

In a background explanation to the case, the statement also reveals that Caruana Galizia's three sons chose not to return to Malta permanently after "independent advice" out of fear that their safety "may not be guaranteed".

The lawyers called for swift action to be taken by the authorities to remove deputy police commissioner Silvio Valletta from his role in the investigation, given he is married to a Cabinet minister and the family's concerns the murder might have political connections. The family had filed a court request to have Valletta removed from the investigation.

The lawyers insisted the authorities should apologise to the family “for the failure to appropriately update and involve them in the investigation".

The legal opinion lists several emails the family sent to the police seeking information about the murder and lamenting that they were only learning of developments through media reports. It transpires from the document that on several occasions family members enquired, to no avail, about police protection measures taken in their regard, in the aftermath of the murder.

The lawyers called for the involvement of external, impartial investigators, describing this as “an essential requirement, and an extremely urgent one”.