Malta urged to agree with criminal suspects’ right to lawyer

Maltese authorities urged to revise position regarding EU directive proposed on the rights of criminal suspects' access to a lawyer and to inform third persons that they have been arrested.

aditus, an NGO comprising of young lawyers, claims that the Maltese government should play an active role in improving on the rights of criminal suspects, “in reaffirmation of its commitment to respecting, protecting and fulfilling fundamental human rights”.

In a press release issued today, aditus said it has aligned itself with views expressed in a letter to various EU member state governments written by Amnesty International (European Institutions Office), the Irish Council for Civil Liberies, JUSTICE, Fair Trials International, Open Society Justice Initiative and the European Criminal Bar Association.

Agreeing with a number of other EU member states, Malta has reportedly taken the position that recognising the right to a lawyer from the start of police investigations would hinder criminal investigations by slowing the process. Such a right is considered to give criminal suspects a more advantageous position in proceedings ahead of those of society according to the Maltese government and would go beyond the rights currently recognised by the European Court of Human Rights.

aditus claims it would be in the interest of the Maltese government to allow this right to criminal suspects to improve the effectiveness of proceedings. A lawyer present would result in “avoidance of mistrials, retrials and miscarriages of justice”.

The presence of a lawyer would also provide protection to criminal suspects from the risk of ill-treatment which occurs during the early stages in criminal proceedings as stated by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

Although the proposed Directive would go beyond the European Court of Human Rights, aditus believes that the EU should not be limited by the standards but should take the initiative to improve human rights standards, including those of criminal suspects.

“The EU’s grounded base in fundamental human rights, as enshrined in the very progressive Charter on Fundamental Rights, ought to provide inspiration for EU governments to constantly strive to improve and harmonise human rights standards across the twenty-seven Member States,” said Neil Fazon, aditus Chairperson.