Couple facing eviction claim breach of human rights

A couple who have been ordered to leave their government-owned home yesterday filed a constitutional application in which they asked a court to declare one of the law's chapters null and void as it was in breach of their fundamental human rights.

Charles and Helen Camenzuli filed the application in the First Hall of the Civil Court against the Commissioner of Lands and the Attorney General.

In their application, Mr and Mrs Camenzuli explained that they lived in a Valletta government residence, which was their sole residence, with their children.

The commissioner had insisted that the Camenzulis leave the residence because of a government project.

In a decree issued on the strength of the Land (Compulsory Eviction) Act, or Chapter 228 of the Laws of Malta, the Lands' Commission declared that the Camenzulis occupied the Valletta residence, or part of it, without a legal title and ordered their eviction.

Chapter 228 granted the commission authority that transcended the courts and anyone else, to order an eviction without giving reasons and without the need or access to the decision of a court or tribunal.

In light of this the Camenzulis had no ordinary remedy to the commission's decree and had to resort to a constitutional remedy.

In their application, signed by lawyer Joseph Brincat, the Camenzulis said that the whole of Chapter 228 was in breach of the European Convention for the Protection of Human Rights which states that everyone has a right to a fair hearing.

The chapter in question excluded judicial authority and a person who lived in government housing was not provided with a remedy in such cases.

The chapter was discriminatory in favour of the government and against the government housing's tenant because it differentiated between government contracts and private contracts. This constituted a breach of the European convention and was a discrimination made by the state and its legislation.

Moreover, the actions of the commission were in breach of their right to a family life and to having their own home.

The Camenzulis called on the court to declare that Chapter 228 and the commissioner's actions were in breach of their rights and to declare them null and void as well as provide them with a necessary remedy.