1. According to subsection (1) of article 1 of the Constitution of Malta, "Malta is a democratic republic founded on work and in respect for the fundamental rights and freedoms of the individual".
2. The territory of Malta comprises the island of Malta (95 square miles), Gozo (26 square miles) and Comino (1 square mile). The archipelago lies in the centre of the Mediterranean Sea.
3. The total population in September 1993 was 365,600 persons of whom 180,700 males and 184,900 females. The largest town is Birkirkara with 21,000 persons.
4. The population is homogeneous in composition with a number of settlers mainly from the United Kingdom who have been given permanent residence permits. The age distribution is as follows:
Age Percentage of population
0-14 23.6%
15-59 61.8%
60+ 14.6%
5. Malta is a parliamentary democracy with Dr. Ugo Mifsud Bonnici as President and Dr. Edward Fenech Adami as Prime Minister. The last elections were held in February 1992, and constitutionally the next election has to be held within five years.
6. The main industries are tourism, production of textiles, machinery, food and beverages, and electronic equipment.
7. At birth, life expectancy for males is 74 years, while female life expectancy is 78 years.
8. For 1992, the infant mortality rate was 10.8. The infant mortality statistics in Malta include all neonatal deaths where birth rate was 500 g or more. This means that the statistics include more deaths than most countries which have a cut-off point for inclusion as being 100 g birth rates. The crude mortality is 5.6 per 1,000 and the crude birth rate is 10.1 per 1,000.
9. The religion of Malta is the Roman Catholic Apostolic Religion, while religious teaching of this faith is provided in all State schools as part of compulsory education (see art. 2 of the Constitution). There are various denominations on this island who are allowed the free exercise of their religion in accordance with article 40 of the Constitution.
10. In 1993 the Gross National Product was 612,300,000 Maltese liri, while per capita this amounted to approximately 2,000 Maltese liri.
11. The literacy rate is over 90 per cent, while the school leaving age is 16. The total number of students at the University of Malta is 4,886 of whom 2,480 are male and 2,406 and female.
12. The maternal mortality rate was 3.6 per 100,000 for the period 1988-1992, while the fertility rate is 68.4 per 100 persons.
13. The rate of inflation for 1993 was 4.14 per cent while unemployment at December 1993 was 4.5 per cent.
14. Malta acceded to the European Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 13 September 1990, and the Convention entered into force for Malta on 13 October 1990.
15. The Government of Malta made a declaration under articles 21 and 22 of the United Nations Convention recognizing the competence of the Committee established under article 17 of the Convention.
16. According to article 6 of the Constitution of Malta, "if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void". Chapter IV of the Constitution of Malta defines the fundamental rights and freedoms of the individual.
17. Article 33 gives protection to the right to life, and reads as follows:
"or if he dies as a result of a lawful act of war."
18. The Constitution also guarantees the liberty and security of the individual. Section 34 states that -
This article has its counterpart in article 5 of the European Convention on Human Rights which has successfully been invoked in a case where the accused could not be granted bail because the penalty for the crime was life imprisonment. As a result the Criminal Code had to be amended in such a way
that it is now in the court's discretion, after taking certain factors into account, whether to grant bail or not (Dr. Lawrence Pullicino v. The Commissioner of Police).
19. Article 35 protects the individual from being compelled to do forced labour. The full Article reads as follows:
The counterpart to this article is article 4, paragraph 2 of the European Convention on Human Rights as incorporated in Act XIV of 1987.
20. Article 36 of the Constitution protects the individual from any inhuman or degrading punishment or treatment.
This article reproduces article 3 of the European Convention on Human Rights.
21. In Malta the ratification of treaties is governed by the relevant provisions of the Ratification of Treaties Act (Chapter 304 of the Laws of Malta), [available for consultation in the files of the secretariat]. There is no provision in the Constitution of Malta which gives precedence to international law. In regard to the United Nations Convention in particular, it was felt that certain articles required ad hoc legislation while others are covered by existing legislation.
22. Malta has ratified a number of Conventions in connection with the protection of human rights. These are:
(a) International Covenant on Economic, Social and Cultural Rights;
(b) International Covenant on Civil and Political Rights;
(c) Optional Protocol to the International Covenant on Civil and Political Rights;
(d) Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty;
(e) International Convention on the Elimination of All Forms of Racial Discrimination;
(f) Convention on the Rights of the Child;
(g) Convention on the Elimination of All Forms of Discrimination against Women;
(h) Convention on the Political Rights of Women;
(i) Convention on the Nationality of Married Women;
(j) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
(k) Slavery Convention of 1926;
(l) 1953 Protocol amending the 1926 Slavery Convention;
(m) Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery;
(n) Convention relating to the Status of Refugees;
(o) Protocol relating to the Status of Refugees;
(p) European Convention for the Protection of Human Rights and Fundamental Freedoms;
(q) European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;
(r) Sixth Protocol of the European Convention on Human Rights.
23. In 1987, Malta made a declaration recognizing the competence of the European Commission on Human Rights to deal with applications under article 25 of the European Convention on Human Rights. In 1990, Malta recognized the competence of the United Nations Committee on Human Rights to receive and consider applications by individuals under article 28 of the Covenant on Civil and Political Rights.
24. A criminal action against any person accused of the crime of torture within the meaning of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is prosecuted in the name of the Republic of Malta through the Executive Police or the Attorney General, as the case may be, according to law. The Court of Magistrates (Malta), and the Court of Magistrates (Gozo), and the Criminal Court are the competent courts. In the Criminal Court, the accused my opt for trial by jury or for a trial without empanelling a jury. According to section 538 of the Criminal Code, every person who feels himself aggrieved by any offence and desires to lodge a complaint for the punishment of the offender may send such complaint to any police officer, even by letter. If a person alleges that the provisions relating to inhuman or degrading punishment or treatment have been contravened, he may apply to the Civil Court, First Hall, for redress. This court has awarded financial compensation for real as well as for moral damages. This may be done without any prejudice to the filing of a case for damages in the Civil Court.
25. An inquiry can also be conducted for the examination of the behaviour of any public officer according to the provisions of the Inquiries Act (chap. 273). The Board of Inquiry can carry an investigation into any of the following matters:
(a) The conduct of public officers, or of officers or servants of a statutory body, or of any one or more of such public officers or servants;
(b) Any matter falling within the functions or responsibility of any such department or body, or otherwise concerning or affecting a service of the Government.
The report of the Inquiry Board is sent to the Public Service Commission, established under chapter X of the Constitution of Malta. According to section 110 (1), the Prime Minister acts on the recommendation of the Public Service Commission in matters of disciplinary control.
26. According to section 39 of the Constitution, every person charged with an offence shall be presumed innocent until proved guilty.
27. The punishments that may be awarded for crimes are the following:
(a) Imprisonment;
(b) Solitary confinement;
(c) Interdiction;
(d) Fine (multa).
28. According to section 9 of the Criminal Code:
29. The death penalty was abolished in 1971 and may now be awarded in very limited circumstances against persons serving in the armed forces during wartime. Malta is, in fact, a contracting party to the Sixth Protocol to the European Convention for Human Rights. Malta has also acceded to the
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. In Malta, the death penalty was last carried out in 1944.
30. Corporal punishment in schools is neither tolerated nor practised. The authorities have not received any reports or complaints about the infliction of any corporal punishment in any school.
31. According to section 91 of the Constitution, the Attorney General is not subject to the control of any person or authority "... in the exercise of his powers to institute, undertake or discontinue criminal proceedings and of any other powers conferred on him by any law in terms which authorize him to exercise that power in his individual judgement." The Attorney General enjoys security of tenure and cannot be removed from his office except by the President upon an address by the House of Representatives supported by the votes of not less than two thirds of all the members thereof and requesting such removal on the ground of proven inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or proven misbehaviour.
32. Recently, the prison regulations have been updated and brought into line with standards acceptable at the European level. The aim of the new regulations is to instil in prisoners a sense of discipline and responsibility and to reform their character. The deprivation of liberty shall not be aggravated except as required for justifiable segregation or the maintenance of security, good order or discipline.
33. The rules provide for high standards of hygiene in the preparation of food, a proper medical service, religious and moral assistance, and the education of persons serving a prison sentence. According to section 77 of the new regulations the punishments that the Director of Prisons can impose for breaches of discipline are:
(a) Caution;
(b) Forfeiture or postponement for any period of any of the privileges under regulation 13;
(c) Exclusion from associated work for a period not exceeding 56 days;
(d) Assignment or reassignment of work for a period not exceeding 56 days;
(e) Stoppage of earnings, including any allowance, referred to in paragraph (6) of regulation 29 and paragraph (1) of regulation 30, for a period not exceeding 56 days;
(f) Cellular confinement not exceeding 30 days;
(g) Forfeiture of not more than 100 days of remission, whether earned or prospective, referred to in regulation 14 except in the case of a prisoner found guilty of wilful homicide, or attempted wilful homicide, or mutiny, or incitement to mutiny, or escape or attempted escape from prison, or assault on any person resulting in grievous bodily harm, and/or possession of and/or trafficking in narcotic drugs, in which case the forfeiture may be of not more than 365 days;
(h) In the case of a prisoner otherwise entitled to them, forfeiture for any period of the right, under paragraph (1) of regulation 8, to have the articles there mentioned;
(i) In the case of a prisoner guilty of escaping or attempting to escape and who is otherwise entitled to it, forfeiture of the right to wear his own clothing under paragraph (2) of regulation 22.
34. Regulation 84 prohibits inhuman punishments or treatment:
35. The prisoner is also entitled to make any complaints to the Prison Board with regard to treatment in prison and neither a Director nor any other prison officer shall be present before the Board to which the prisoner is making the complaint. The Board has the duty to arrange for the food of the prisoners to be inspected by a member of the Board at frequent intervals. It shall also inquire into any report made to it that a prisoner's health has been or is likely to be injuriously affected by any conditions of his imprisonment.
36. According to section 34 (3) (g) of the Constitution of Malta:
37. Though so far the arrested person has no right of immediate access to a lawyer, the normal practice is to ask the arrested person whether he would like to get in touch with a lawyer of his choice. Obviously, this contact has to be established before the 48 hours have elapsed.
38. According to section 658 of the Criminal Code:
In practice, the person under arrest is warned that whatever he confesses may be used as evidence against him and that he is not entitled to any mitigation of punishment for making a voluntary confession.
39. The defences laid down in the law are: minority, insanity, intoxication, self-defence, coercion, mistake of fact. Hence, it is no defence to plead superior orders.
40. Criminal proceedings may be initiated before the Court of Magistrates (Malta), or the Court of Magistrates (Gozo). A case may also be brought before the Criminal Court. Here a verdict is delivered after a trial by jury (where a 6-3 majority has to be recorded). The accused may opt to be tried in the Criminal Court by a judge sitting without a jury. For punishments carrying a prison term of up to six months, the competent court is the Court of Magistrates. For punishments varying between 6 months and 10 years, the Attorney General has the option (as long as the accused concurs) to take the case tried by the Court of Magistrates rather than by the Criminal Court (sect. 139 A carries a minimum punishment of five years and a maximum of nine years).
41. According to sections 96 (1) and 100 (1) of the Constitution of Malta, judges of the superior courts and magistrates of the inferior courts shall be appointed by the President acting in accordance with the advice of the Prime Minister. Like the Attorney General (see para. 28), judges and ministers cannot be removed from office except by the President (sect. 97 (2) of the Constitution).
42. Some judgements regarding allegations of cruel and inhuman treatment have been delivered by the Maltese courts:
(a) Tonio Vella v. The Commissioner of Police (Constitutional Court 5 April 1991). The events took place on 2 December 1983. The question regarding compensation was settled at LM 2,000;
(b) Joseph Mary Vella, George Vella and Francis Vella v. The Commissioner of Police et noe. (Constitutional Court 23 January 1993). The events of this case are connected with the facts mentioned under (a) above;
(c) On 10 March 1993, an ex-Commissioner of Police was found guilty of complicity in causing serious bodily harm followed by death to a person who was at that time being investigated by the police at police headquarters. The events took place on 28 July 1980. The Court of Appeal confirmed the judgement on May 1993;
(d) In February 1994 the Constitutional Court declared that the conditions in the lock-up cell of a prison station were such as to amount to degrading and inhuman treatment. An application for a retrial of this case has now been filed (Joseph Azzopardi v. The Commissioner of Police).
43. Nobody has so far been charged with a crime following under section 139 A of the Criminal Code (i.e. the section which makes torture a crime).
44. It is interesting to note that the Maltese courts have extended the notion of inhuman treatment several times. In 1976 it was decided that the requisition of a residence by the Housing Department amounted to inhuman treatment, while in 1987 the courts also ruled that dismissal from employment for one day's absence from work following a political directive also amounted to inhuman treatment.
45. Torture is prohibited by article 36 of the Constitution: "No person shall be subjected to inhuman or degrading punishment or treatment." However, to meet the requirements of the Convention, a new article, article 139 A of the Criminal Code, was introduced by Act XXIX of 1990. The provision reproduces the wording of article 1 of the Convention and, on conviction, a person may be sentenced to a term of imprisonment ranging from five to nine years. The article reads as follows:
"(d) for any reason based on discrimination of any kind,
46. This provision applies at all times as no exception (e.g. war, or an order from a superior officer) has been included. Nor do these exceptions fall within the limits of sections 223 and 224, which deal with justifiable homicide or bodily harm and cases of lawful defence, or within sections 227 to 238, which provide for excuses for the crimes under Title VIII of the Criminal Code (Crimes against the person). Legal inquiries are carried out when allegations of ill-treatment are made. The United States Senate Committee reporting on the situation of human rights in Malta for 1992 had this to say: "A legal inquiry into a case, pending since 1991, of alleged mistreatment of a foreigner imprisoned for drug smuggling cleared the prison authorities of any deliberate wrongdoing."
47. Malta has not proclaimed a state of emergency since 1964. In any case, the right of the individual not to be treated in an inhuman or degrading manner is specifically provided by section 47 of the Constitution of Malta;
"(a) Malta is engaged in any war; or
This protection is also given by article 15 of the European Convention on Human Rights and under article 4 of the International Covenant on Civil and Political Rights.
48. Persons sentenced to imprisonment and other persons deprived temporarily of their liberty awaiting trial are detained in prisons which are run under strict rules and regulations. Where a prisoner is charged with an offence against discipline, he has the right to be informed of the charge without delay and he is given a full opportunity of hearing what is alleged against him and of presenting his own case (Regulation 76). Moreover, according to Regulation 79:
49. Regulation 103 lays down that one of the functions of the Prison Board is "to satisfy itself as to the treatment of prisoners the state of prison premises, and the administration of prisons". It is also the duty of the Prison Board to advise the Minister responsible for prisons about the care and rehabilitation of prisoners. The Director of Prisons may attend the meeting of the Board only if invited by the Board. (104 (4)) During visits to the prisons, the prisoners shall be asked if they have any complaints to make with regard to their treatment in the prison and any prisoner requesting to make such a complaint shall be heard in such part of the prison as the Board may deem fit. The Director and all prison officers are barred from such hearing. The Board is also bound to inform the Minister of any abuse and can recommend disciplinary action against any prison officer. Prisoners are given special permission to attend weddings, funerals and other family events. They are normally helped to find employment when they have served their terms.
Detention in mental hospitals
50. Under the Mental Health Act (chap. 262), persons can only be detained in a mental hospital if an application, based on the written recommendations of two medical practitioners, is made. Each recommendation has to include a statement that the patient in question is suffering from a mental disorder of a nature or degree which warrants the detention of the patient and that it is necessary that he be so detained. Persons may thus only be removed if the Minister responsible for justice is satisfied, upon similar recommendations, of the mental state of the person in question. The Act also has a special provision which covers those instances where, in the course of any proceedings on the charge of a criminal offence, the question of the insanity of the accused arises. The relevant provision is as follows:
51. A person who is going to be expelled, returned or extradited to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture, may invoke the protection of article 3 of the European Convention on Human Rights or of article 36 of the Constitution, or both. This is possible because he may seek redress under these articles not only if he has already been a victim but also if one of the human rights provisions is "likely to be contravened in relation to him".
52. It will be recalled that in the Soering case the European Court of Human Rights examined the question whether the extradition of a fugitive to another State where he might be subjected or likely to be subjected to torture or to inhuman treatment or punishment would engage the responsibility of a contracting State under article 3 of the European Convention. The court held:
53. Maltese courts follow the case law by the Strasbourg organs and it is highly unlikely that they will ever ignore the principles established in the Soering case. Hence, any person who is going to be extradited to a country where he is likely to suffer torture may invoke article 3 of the European Convention on Human Rights and article 36 of the Constitution of Malta.
54. The Court of Magistrates sitting as a court of criminal inquiry decides whether there are grounds for the extradition of a person arrested for an extraditable offence. According to section 15 of the Extradition Act, it is possible for a person committed to custody to appeal to the Court of Criminal Appeal.
55. The same Act has two very important provisions in this respect:
56. Undesirable immigrants are dealt with and considered individually and each case is decided by the Court of Magistrates (sect. 14 of the Immigration Act), but the Minister responsible for immigration may, if he deems it to be conducive to the public good, make a deportation order against any person.
57. No person can be discriminated against on the ground of race, place of origin, political opinions, colour, creed or sex, according to section 45 of the Constitution of Malta.
58. According to section 43 of the Constitution of Malta, "Extradition is only permitted in pursuance of arrangements made by treaty and under the authority of a law." It is, of course, possible for any person, whether he is about to be deported or to be removed, to file an application in the First Hall of the Civil Court for constitutional redress.
59. As has already been stated, torture is now an offence under Maltese law. The Maltese Criminal Code regulates "attempt" and "complicity" in sections 41 to 48. The provisions apply to all crimes and, as can be seen from the text of the laws, the punishments are appropriate. In the case of attempts:
(a) If the crime was not completed in consequence of some accidental cause independent of the will of the offender, to the punishment established for the completed crime with a decrease of one or two degrees;
(b) If the crime was not completed in consequence of the voluntary determination of the offender not to complete the crime, to the punishment established for the acts committed, if such acts constitute a crime according to law.
60. In the case of complicity section 43 provides: "Unless otherwise provided by law, an accomplice in a crime shall be liable to the punishment established for the principal." No cases of attempts or complicity in connection with the crime contemplated under section 139 A have been reported so far.
61. The section which establishes who can be prosecuted in Malta is section 5 of the Criminal Code. This section states that a criminal action may be prosecuted in Malta:
This section was amended to extend jurisdiction to make it possible to prosecute persons who committed the crime referred to in section 139 A (torture). This means that as long as a person is physically present in Malta, if he has committed torture, he is subject to the jurisdiction of the Maltese courts even if the crime was committed outside Malta. Maltese courts have not had to deal with such cases so far.
62. Section 347 of the Criminal Code regulates the power of arrest of the Executive Police. This section empowers the police to arrest any person who has committed, or is suspected of having committed, any crime punishable with imprisonment, with the exception of crimes under the Press Act, 1974. On the other hand, the Extradition Act regulates arrest for the purpose of committal, proceedings for committal, custody, and the right of a person committed to custody to appeal from an order committing a person to custody under section 15 of the said Act. The relevant sections read as follows:
No cases have been reported so far.
63. As to the fair treatment required by paragraph 3 of this article, reference is made to article 6 of the European Convention on Human Rights and to article 39 of the Constitution of Malta. The latter is reproduced for ease of reference.
"(a) in proceedings before a court of voluntary jurisdiction and other proceedings which, in the practice of the courts in Malta are, or are of the same nature as those which are, disposed of in chambers:
his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court ordered him to be removed and the trial to proceed in his absence.
64. The Code of Criminal Procedure also has enough safeguards to ensure a fair trial. In fact, most of the constitutional provisions have their counterparts in the Code of Criminal Procedure. For example, subsection 8 of section 39 of the Constitution is reflected in section 27 of the Criminal Code: "27. If the punishment provided by the law in force at the time of the trial is different from that provided by the law in force at the time when the offence was committed, the less severe kind of punishment shall be awarded". On the other hand, subsection 9 of section 39 of the Constitution has its
counterpart in section 527 of the Criminal Code: "Where in a trial, judgement is given acquitting the person charged or accused, it shall not be lawful to subject such person to another trial for the same fact".
65. Finally, according to section 4 of the Criminal Code:
66. On becoming independent Malta succeeded to all the treaty obligations which the United Kingdom had undertaken and extended to Malta prior to 1964 (Treaty Series No. 5). According to section 30 of the Extradition Act (chap. 276):
67. The Extradition Act came into force in 1982. In Part II, the act deals with the return of offenders to Commonwealth countries and has a list of extradition offences appended as a schedule. The offence must be one which, however described in the law of the requesting country, falls within any of the descriptions set out in the schedule. The crimes of wilful homicide, involuntary homicide, wilful grievous bodily harm and assault, as well as actual bodily harm are included. According to section 216 of the Criminal Code a bodily harm is deemed to be grievous and is punishable with imprisonment for a term from three months to three years if it can give rise to danger of (a) loss of life; or (b) any permanent debility of the health or permanent functional debility of any organ of the body; or (c) any permanent default in the physical structure of the body; or (d) any permanent mental infirmity; (e) if it causes any deformity or disfigurement in the face, neck or either of the hands of the person injured; (f) if it causes any mental or physical infirmity lasting for a period of 30 days or more, or if the party injured is incapacitated for life from attending to his occupation. As torture may constitute one of the listed extraditable offences (where the list appears), any amendment of the law to make the offence of torture as defined in section 139 A of the Criminal Code a specific extraditable offence was not necessary. By Legal Notice of 1982, the Minister responsible for justice designated the following countries for the purposes of section 4 of the Extradition Act: Australia, Barbados, Canada, Cyprus, Gambia, Jamaica, New Zealand, Singapore, Trinidad and Tobago, and the United Kingdom of Great Britain and Northern Ireland. Under Part III of the Act, an offender may be returned to other foreign countries (not being a Commonwealth country) if it is an offence in respect of which a fugitive criminal may be returned to that country in accordance with the arrangement and is punishable under that law with imprisonment for a term of 12 months or to a greater punishment.
68. Finally, according to section 43 of the Constitution, "Extradition is only permitted in pursuance of arrangements made by treaty and under the authority of a law".
69. The Government of Malta has always cooperated with other countries in matters of crime detection and in criminal proceedings. No special steps for cooperation need be taken for the offence of torture, which is considered a serious offence. So far the Government of Malta has not been asked for assistance in any case where torture has been practised. (Malta has also ratified the European Convention on Mutual Assistance in Criminal Matters (4 March 1994) but no State party to this treaty has asked for assistance in connection with torture cases.)
70. At present the Police Academy is running special courses on human rights for recruits at all levels. Highly qualified persons are being invited to deliver the lectures and all recruits have to sit examinations on "The Police and Human Rights" and "Ethics". Prison officers are also warned against ill-treating prisoners while they would be liable to the punishment contemplated under the prison regulations if they assault a prisoner or use obscene, insulting or abusive languages towards him (Regulation 101 (3) (b)).
71. The social studies curriculum for secondary schools comprises a unit which deals with the Constitution, in particular with chapter IV (Fundamental Rights and Freedoms).
72. The Prison Regulations according to which prisoners awaiting trial are treated with dignity and without any form of cruelty have recently come into force. The interrogation of suspects is carried out in accordance with the Commissioner's Rules. Any statement vitiated in any way by the use of force or any form of oppression is rejected by the courts if tendered as evidence (case Police v. Lydia Cauchi et al.) The manner of interrogation is included in the programme of the Police Academy while prospective doctors of medicine have special lectures in forensic medicine which enable them to identify any cruel treatment a person may have received.
73. The Prison Board is the authority which receives complaints and carries out inspections in prisons (Regulation 105). The police and the prison personnel are subject to the Public Service Commission established under the Constitution of Malta.
74. Regulation 101 of the Prison Regulations regulates the conduct of prison officers and clearly lays down the breaches of discipline which amount to offences.
75. To avoid unnecessary duplication, reference is made to paragraphs 22 and 43 of this report.
76. Anyone who alleges that he has been subjected to torture can file an application in the First Hall of the Civil Court and the court is by law required to set an early hearing for the case. He may also appeal to the Constitutional Court. Moreover, according to subsection 5 of section 8 of the Prisons Act (chap. 260), the Minister responsible for justice, the Chief Justice, the judges, the magistrates and the Attorney General are ex officio Special Visitors of the prisons and are empowered to have at any time access to the prisons and any of the prisoners therein. They can enter in the Official Visitors Book any remarks which they may deem proper in regard to the prisoners and the prison, and the book "shall be produced to the members of the Board of Visitors on their next visit to the prisons". Criminal proceedings may be taken if a person lodges a complaint that he has been tortured by a public official. If the official is not a police officer himself, the police would be considered as an impartial investigator and the proper authority for dealing with reports and the investigation of criminal offences. Finally, an Inquiry Board may be appointed to investigate any complaint regarding allegations of torture in accordance with sections 4 (i) and 3 (a) of the Inquiries Act, 1977 (chap. 273).
77. Moreover, according to section 19 (1) of the Malta Police Ordinance, "it shall be lawful for the Commissioner to hold an inquiry into any matter affecting the administration of the force". According to article 8 of the First Schedule of the Ordinance a member of the force commits an offence if he "uses any violence to a prisoner or any other person with whom he may be brought in contact in the execution of his duty". Among the punishments the Commissioner may award (sect. 20 of the same Ordinance) one finds dismissal or reduction in rank or seniority. If it is felt necessary to ensure impartiality, an inquiry may be held in accordance with section 3 of the Inquiries Act (chap. 273), where the conduct of any public officer may be examined (see para. 22 of this report). The Board set up under this Act may then pass the results of its inquiries to the Public Service Commission, which is an independent body set up under chapter 10 of the Constitution of Malta. Should the facts establish the elements of a criminal offence, then the Public Service Commission suspends its proceedings until the case is decided by the court.
78. Compensation for any act of torture is possible under the Civil Code, under the Constitution of Malta and under Act XIV of 1987. In the event of the death of the victim, the heirs have the right to institute an action. These remedies are available to everyone. The remedy available under the constitutional provisions includes redress for moral damages as well.
79. The relevant sections on confessions can be found in sections 658 to 661 of the Criminal Code. The courts have always rejected confessions taken under duress in accordance with section 658 of the Criminal Code:
Hearsay evidence is also inadmissible.
80. There are two sections of the Criminal Code which are meant to control the violation of official duties. These are:
81. For ease of reference, sections 86 to 88 are being reproduced hereunder:
82. The education of public officials covers not only torture but also other forms of ill-treatment even if they may be considered minor. The new prison regulations take into consideration all forms of ill-treatment. The authorities investigate any complaint whatever the form of ill-treatment while redress is always possible whether the ill-treatment is serious or not.
Other cruel, inhuman or degrading treatment
83. In the Criminal Code, the provisions of subtitle II of Title VIII, sections 214 to 220, would include other forms of cruel, inhuman or degrading treatment. The relevant sections (together with punishments which may be awarded) are reproduced below:
"(i) loss of life; or
"(ii) any permanent debility of the health or permanent functional debility of any organ of the body; or
"(iii) any permanent defect in any part of the physical structure of the body; or
"(iv) any permanent mental infirmity;
84. The Government of Malta is very sensitive about human rights issues in general and this is why it has striven hard to implement the provisions of the conventions it has ratified. The Maltese Government tries to follow not only the letter of these provisions, but also the spirit which animates such undertakings. This is why it keeps the state of human rights under constant review and, at present, it is contemplating the incorporation of other human rights provisions in its legislation.