A woman who won a landmark constitutional case against the state for its failure to protect her from years of domestic violence is hoping the judgment will trigger changes in police procedures and embolden victims to fight for their rights.

“This judgment is a red flag for the authorities,” said the woman, who preferred to remain unnamed since she and her children are still at risk.

“Victims out there are in danger and power is in the wrong hands. It’s useless to create awareness [about domestic violence] if trying to get away puts you and your family at bigger risk. Victims need protection, not counselling and shelters to live in.”

She said she hoped to see more professionals trained to take on such delicate cases and changes are made in the law to protect the victims.

The woman was last week awarded €5,000 in moral damages after the Constitutional Court ruled that the repetitive failure by the police to protect her was in breach of her fundamental human right to respect for private and family life and to the right not to be subjected to inhumane or degrading treatment.

The woman had filed countless police reports in different police stations but they were only sporadically followed through by different inspectors, which the court said highlighted “systemic shortcomings” in police procedures.

The court pointed out the lack of co-ordination between police stations and lack of a central database, and recommended the setting up of a prosecution unit for cases of domestic violence – something that is in the pipeline but has not yet materialised.

The woman said the court’s recommendations were vital to victims of domestic abuse.

Every police station must have a list of abusers, protection orders and bail conditions so that the victim can file a report without having to go through all the details again, she said.

“While going through separation, struggling financially, emotionally… trying to protect my children and ending up leaving my house after four years of filing reports, I could not take it anymore.

This judgment is a red flag for the authorities

“The system has failed to protect us and filing more reports was putting us in more danger as the aggressor realised he could get away with making our life miserable.

“Our freedom was taken and it was our right to be protected and until this day we don’t feel safe,” she said.

She said protection orders must always be taken seriously. She knew women who did not want to own a car, for fear their brakes would be tampered with, or who sleep in abandoned buildings with their children.

“My goal is to see a change to stop this abuse. In order to do this we need to be heard. Domestic violence is not always easy to prove and that’s why many are suffering in silence,” she said.

Lawyers told Times of Malta that this landmark judgment flagged flaws in a system that had been pointed out before.

“As lawyers, we have long been highlighting these difficulties, but nothing has really changed.

“The points made by the court regarding the way these cases are dealt with are, unfortunately, still present until this very day,” said lawyer Joseph Giglio.

Lawyer Giannella De Marco said the judgment was a positive development in the fight against domestic violence.

“It not only underlines the responsibilities of the state imposed upon it by our constitution and the European Convention on Human Rights to protect individuals against degrading and inhuman treatment and to guarantee the right to a private and family life, but it also highlights the state’s failings and how those failings could be addressed,” she said.

She said more judgments like this were needed to help the organs of state and the police to get their act together in protecting the vulnerable.

The woman’s lawyer, Lara Dimitrijevic, who is also the director of the Women’s Rights Foundation, said there were two pending cases of a similar nature. She hoped this landmark case would encourage others to fight for their rights with the support of the foundation.

“Police need to start adhering to their obligations. No more excuses of lack of people power or lack of infrastructure.

“The same way that this country has risen to ensure paramount safety and precautions to combat the COVID-19 pandemic, we surely can have equal ability to prevent violence and protect victims,” she said.

Police ‘committed’ to protecting victims

The Malta Police Force said it was committed to protecting all victims of crime and is constantly looking for ways to better serve the community. 

“It is deeply regrettable whenever one feels that the state fails in its obligation to protect victims from further violence,” it said in reply to a request for comment.

The police said their Victim Support Unit has helped over 1,000 victims of domestic violence since it was established in January 2017. Experts in the field have been recruited and have helped it deal with cases more effectively. 

“As part of its commitment to prevent and respond to domestic violence, the Malta Police Force has also been working on a plan to establish a specialised domestic violence unit within the force.

“In addition, the police force is constantly upgrading and evolving its IT system such that recently the 112MT app was relaunched to include a variety of new features including silent reporting.”