ECHR asked to award two AFM officers €125,000 in damages

Lieutenant Colonel Mario Schembri and Colonel Pierre Vassallo will this morning request the European Court of Human Rights to declare their rights were violated when no reason was given for the refusal of security clearance which directly affected their careers within the Armed Forces of Malta. 

The ECHR is also being asked to award €70,000 to Vassallo and €55,000 to Schembri representing wage losses suffered through such violation. 

Having exhausted all local resources, the two AFM officers are seeking redress at the ECHR in Strasbourg, contending the decisions taken by the National Security Authority and the appeal binding decision taken by the Commissioner, were both adjudicated by a tribunal as only the court could have reversed such decisions. 

Furthermore the applicants submit that after occupying highly sensitive positions for over 10 years, in 2006 the two were suddenly removed from their responsibilities and told the secret services classified their files as "not security cleared". Neither of the two AFM officers was informed a security clearance exercise was going to be carried in their respect, no consent was ever requested and they were never given information on what this process would involve. Moreover, when one considers the direct effect on the applicant's jobs the refusal of national security clearance had, one would expect a more detailed refusal. 

The applicants commenced proceedings before the First Hall Civil Court on 23 July 2007. Vassallo contended he was eligible and recommended for a promotion however this was not handed to him in October 2006. Schembri held he was removed from particular appointments. Both were informed these circumstances arose after there were not security cleared by the National Security Authority, but no reasons for such a decision were given to the AFM soldiers. 

Both applicants appealed to the Commissioner stating that they were not given a fair trial as they were not allowed leave to present their case and defend themselves. The Commissioner replied with a simple letter stating their claim was refused. Again no reasons were given. 

Consequently the applicants sought redress at Court claiming the manner in which the National Security Authority, the Commission and the Chief Command Officer of the Armed Forces of Malta acted in their regard violated their right to a fair trial as enshrined in Article 6 of the European Convention and the Maltese Constitution. 

In June last year the First Hall Civil Court in its Constitutional Jurisdiction did not accede to the applicants' requests claiming that the National Security Service was neither a court nor judicial authority, therefore Article 6 did not apply. Feeling aggravated, the two officers appealed the decision.

However, Chief Justice Silvio Camilleri, Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri, only reformed the first judgement by stating the Chief Commanding Officer was properly declared as a legitimate defendant but failed to overturn the judgement on its merits. 

Lawyers David Camilleri and Joseph Gatt will be appearing for the AFM officers.