Lack of justice for Caruana Galizia persists six years on, says human rights czar

The Council of Europe Commissioner for Human Rights, Dunja Mijatović, has expressed concern about the implementation of the recommendations of the public inquiry report into the murder of Daphne Caruana Galizia and the effective exercise of the human right to freedom of expression.

In a letter to the Prime Minister, the Commissioner regrets the lack of significant results in bringing to justice all those responsible for the murder of Daphne Caruana Galizia, and called on Robert Abela to provide her with information on the complaints raised in the letter.

In a separate letter to the Speaker of the House of Representatives, the Commissioner urged lawmakers to refrain from adopting the current legislative proposals on press freedoms, citing the inadequate provisions to address Strategic Lawsuits Against Public Participation.

In a letter to the Prime Minister, Mijatović said she was concerned that proposals tabled in Parliament to strengthen freedom of expression legislation appeared to fall short of the stringent need that was identified in the public inquiry report for comprehensive reforms in Maltese society.

“Furthermore, they have not been subject to the transparent and thorough consultation that the gravity of the situation demands.”

Mijatović said she had received information about f denial of access to information under the Freedom of Information Act, dubbing it “a pattern of unwarranted secrecy within state institutions” on information that could be of significant public interest.

“I have also noted that after certain degree of progress, no significant results have been obtained in bringing to justice all those responsible for the murder of Daphne Caruana Galizia. This troubling situation persists almost six years after her tragic death.”

Mijatović raised the continued negative rhetoric targeting journalists, telling Abela it was imperative that state authorities cease fostering a climate which is hostile to journalists and media professionals.

Underlining the important role of the Parliament in strengthening freedom of expression, she recommended that it engage in substantive, inclusive and transparent consultations with civil society, the media and interested citizens to ensure that press freedoms laws are in line with international standards on freedom of expression and the protection of journalists.

Justice minister’s reply

In a letter to Mijatović, justice minister Jonathan Attard updated the Commissioner with the recent publication of the media experts’ report in the House, to be followed by a White Paper on the proposed laws that will update press freedoms.

Attard also pointed out that Malta’s FOI Act provides redress to refused requests for applicants by appeaing before the Information and Data Protection Tribunal, and finally to the Court of Appeal.

Attard also said the trial by jury of the alleged mastermind in the assassination of Daphne Caruana Galizia could possibly be appointed this week following a decision by the Court of Criminal Appeal.

“I assure you that the government is committed to continue undertaking all processes, efforts and measures to ensure the protectin and safety of journalists and media professionals, as well as guarantee freedom of the press in line with international human right standards,” Attard said.