Excessive delay in compilation proceedings ‘a breach of fundamental human rights’

A court has awarded a Dutch national €5,000 in compensation after it ruled that an excessive delay in concluding criminal proceedings against him constituted a breach of his fundamental human rights.

Samuel Onyeabor had filed a constitutional application against the Attorney General in the First Hall of the Civil Court, in its constitutional jurisdiction.

Judge Tonio Mallia heard how Onyeabor was arraigned in 2008 on drug possession and trafficking charges and that the compilation proceedings had not yet been concluded. 



Onyeabor claimed this to be a violation of the right to a fair trial within a reasonable time. In addition he claimed that he had not been granted bail for 22 months and that he had not been allowed to return to the Netherlands to undergo surgery.

The judge noted that the complexity of the case against Onyeabor – charged with importing six kilogrammes of cocaine – involved the arrest of five other foreigners who were allegedly involved in an international drug trafficking ring.

The court noted that the passing of six years since Onyeabor’s initial arrest was more than sufficient for the compilation of evidence to have been concluded, commenting that criminal cases required more urgency than civil cases as the liberty of an individual was at stake.

The fact that he had not been allowed to return to the Netherlands for surgery, however was not found to constitute a violation of the Dutchman’s rights as he had access to doctors in Malta and it had been confirmed that the surgery could in fact be carried out locally.