Advocates' chamber files judicial protest over alleged monitoring of lawyer-client meetings at prison

The Chamber of Advocates has filed a judicial protest against several state authorities following allegations that confidential communications between lawyers and prisoners may have been monitored or recorded at the Corradino Correctional Facility.

According to the chamber, the matter came to light after it received information earlier this month suggesting that a warrant issued in 2021 authorised the use of surveillance equipment in areas of the prison where inmates meet visitors, including their legal representatives.

The chamber said the allegations raise serious concerns about the protection of legal professional privilege, which it described as a cornerstone of the justice system and an essential safeguard for the right to legal advice and a fair hearing.

It argued that despite bringing its concerns to the attention of the relevant authorities, it has yet to receive a satisfactory explanation as to how such measures could have been authorised or justified.

The organisation also referred to further information that emerged through sworn testimony given by a former prison director. 

According to those claims, a system was operating, or may still be operating, within prison visitation areas that allegedly intercepted conversations without distinguishing between meetings involving lawyers and those involving other visitors.

In its protest, the chamber stressed that communications between lawyers and their clients are protected under both the Maltese Constitution and the European Convention on Human Rights. It warned that any interference with these exchanges could undermine fundamental legal protections and weaken public confidence in the administration of justice.

The chamber further argued that the issue extends beyond any potential individual wrongdoing, raising broader questions about the integrity of criminal proceedings that may have been affected by such practices over an extended period.

As part of its demands, the chamber has called for the preservation of all relevant material, including recordings and documentation linked to the allegations. It has also requested immediate confirmation that no interception or surveillance systems are currently being used in a manner that could affect confidential legal consultations.

The organisation additionally urged the authorities to implement safeguards to ensure that any institutional breach of fundamental rights does not continue or recur in the future.

The judicial protest was filed against Prime Minister Robert Abela, Home Affairs Minister Glenn Bedingfield, Research and Innovation Minister Clifton Grima, the respective permanent secretaries, the head of Malta’s Security Service and the State Advocate.