Council of Europe human rights concerned by allegations of political interference

Council of Europe Commissioner for Human Rights, Dunja Mijatović has published an exchange of letters with the Maltese government concerning the investigation into the murder of journalist Daphne Caruana Galizia.

In the letter, Mijatović said that she was following up on certain issues concerning the investigation into the murder of Caruana Galizia.

“I welcome the establishment of an independent public inquiry into the murder and take note of the important steps taken by the Maltese authorities in this investigation. However, I am seriously concerned by recent allegations of political interference in the investigation,” Mijatović said. 

Mijatović said in this respect, she highlighted the obligation of the government to protect the right to life under article 2 of the European Convention of Human Rights, to which Malta is a party to. She said that the article required there to be some form of an effective official investigation, “when there is a reason to believe that an individual's death occurred in suspicious circumstances.”

“For such an investigation to be effective, the persons who carry out the investigation should be fully independent of any political influence or interference. This means not only a lack of hierarchical or institutional connection but also practical independence,” she said. 

Mijatović said that the recommendation of the Committee of Ministers of the Council of Europe to member states on the protection of journalism and safety of journalists and other media actors underscores that investigations must be effective in order to maintain public confidence in the authorities' maintenance of the rule of law, to prevent any "appearance of collusion in or tolerance of unlawful acts" and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility.

“To conclude, I trust you would agree that it is of the utmost importance that the investigation into the murder of Daphne Caruana Galizia remains free from any political interference. I call on you and your Government to refrain from taking any action which would be in contradiction with the above standards, and to ensure that the investigation is fully independent in order to bring long-overdue justice to her family and Maltese society as a whole.”

Investigations are ‘and have always been, free from any political interference’

In response, Justice Minister Owen Bonnici said that the investigations into the murder which are being carried out both by a Magistrate and by the Police are always “and have always been free from political interference.”

Bonnici said that the government regretted the “constant attempts” to discredit the investigations “which have been going on for the last two years.”

“You will be aware that in these investigations the Maltese authorities have benefitted from the input of the FBI in the initial stages of the investigation and are in constant contact with EUROPOL which has access to the investigation. The developments in the investigation over the last weeks confirm its independence,” Bonnici said.  

He said that the progress which was made attributed to the fact that the executive, “acting upon the advice of investigation and prosecuting authorities, took the bold step of offering a pardon to a suspect who could provide credible evidence on the way in which the murder was planned and commissioned.” Bonnici said that this “extraordinary” measure did not constitute interference of the executive in the investigation but a measure which “enabled a breakthrough for investigators.” 

“The Executive was also obliged to give due account to the public for its decision to have recourse to such an extraordinary measure, For this purpose, during the period after the pardon was offered, the Prime Minister obtained a briefing on the general progress of the investigation in order to be able to give due account to the public and to implement the right of the public to be informed about matters of such public interest.”

Bonnici said that in these circumstances, "we feel obliged to reiterate that the investigation is proceeding steadily, with the required resources and in total independence."

“In the course of the investigation, the investigators have also questioned a number of key political figures upon their own independent judgment and have also obtained any international assistance as they deemed necessary. I have no doubt that the investigation is being conducted according to Council of Europe standards and its results so far bear witness to its independence. I fully share your commitment in looking forward to the investigation being concluded and bringing justice and remain at your disposal for any further information or clarification which you may require,” he said.