Concerns over foreign prisoners’ lengthy detention at Corradino

Reliable sources have told MaltaToday that a number of foreign prisoners currently detained at Corradino Correctional Facility are allegedly having to "endure a lengthy pre-trial detention period before their trial or case is heard, at times even denied bail".

One of the contributing factors leading to this problem is that police inspectors have a dual role in Malta: that of investigating and prosecuting - which could at times lead to delays before the trial or sentencing is heard, exceeding the stipulated pre-trial time-frame.

But whether or not this is the case, when contacted, lawyer Joe Giglio told MaltaToday that if the compilation of evidence is not compiled on time, offenders facing a sentence of less than four years are automatically granted the right to bail, irrespective whether or not the prisoners are Maltese or foreign nationals.

For this reason pre-trial detention is subject to safeguards and restrictions as to its permissible duration.

In the case of Malta, according to sources, "pre-trial time is far exceeding the "reasonable" time-frame".

One may argue that a person entitled to be presumed innocent unless and until proven guilty, pre-trial detention is, in effect, a punishment in itself.

When asked if he felt the issue of lengthy pre-trial detention periods was a cause for concern, Giglio said that "the issue of lengthy pre-trial detention periods is a problem that cannot be denied, however a situation may also arise where a prisoner cannot reach his or her financial requirements to guarantee his or her bail, leading to the alleged offender spending a lengthier period in jail.

When contacted and asked the number of foreign prisoners the CCF currently hosts, director of prisons Abraham Zammit said that there currently are 216 foreign inmates being held in custody at the CCF, 127 of whom have been sentenced while the remaining 89 individuals are still awaiting trial.

When asked how much time they have individually spent in Corradino before their trial has even been heard, the director limited his answer to "the CCF is not party to information regarding the stage of court proceedings being undertaken against individual prisoners".

In terms of Sec. 574.1 of the Criminal Code, "a person charged or accused, who is in custody, can request to be granted temporary release from custody upon bail".

However, the ultimate discretion in refusing or granting bail lies solely with the Courts of Law.

According to Giglio, "the Criminal Code obliges the courts to grant defendants bail when the compilation of evidence takes too long to be concluded, especially in the case where offenders were placed in preventive custody for 12 months in a case of a crime liable to the punishment of imprisonment of less than four years".

Chapter 9 Section 575 sub-section 6 of the Laws of Malta stipulates that 'the court may grant bail, only if, after taking into consideration all the circumstances of the case, the nature and seriousness of the offence, the character, antecedents, associations and community ties of the accused, as well as any other matter which appears to be relevant is satisfied, and that there is no danger that the accused - if released on bail - does not fail to appear before the Courts when ordered by the authority specified in the bail bond, or will abscond or leave Malta'.

The pre-trial detention timeframes stipulated by law are 12 months in the case of a crime liable to the punishment of imprisonment of less than four years; 16 months in the case of a crime liable to the punishment of imprisonment of four years or more but less than nine years, and 20 months in the case of a crime liable to the punishment of imprisonment of nine years or more.

If such provisions didn't exist, prosecutors could take forever to wrap up a case, the time limits ensure inmates receive a hearing within a reasonable time.

Zammit confirmed with MaltaToday that "the granting of bail is a matter that is decided exclusively by the Courts and the Courts can also extend this period beyond 20 months according to the merits of the case before it.

"It is standard practice for an inmate to have the time spent at CCF in preventive custody deducted from the jail term he is sentenced to by the courts at the end of proceedings," the prisons director added.

The prison population in the EU is estimated at 643,000, with overcrowding a serious issue in more than half the 27 member countries. About 26% of EU pre-trial detainees are foreign nationals.

The overuse of pre-trial detention is costing EU countries billions every year, according to a report by Fair Trials International.

"Maximum pre-trial detention periods vary greatly across the EU: where certain Member States like Spain have a maximum of four years and Belgium no limit at all.

"The overuse of pre-trial detention is costing EU countries billions every year," the report states.