Man detained 89 days over missed maintenance payments wins human rights case
Constitutional Court finds decree 'completely void of basic reasons' leading to 'arbitrary' detention
A man’s human rights were breached when he was detained for 89 days for failing to pay maintenance for his two children.
The human rights breach stems from the fact that the family court ordered an increase in maintenance payments without providing a reason for doing so.
In 2017, the accused entered into a separation agreement with his former wife. Through this agreement, maintenance for their two children was set at €500 per month. This was increased to €700 per month by the Family Court in 2019.
During the COVID-19 pandemic in 2020, both parties agreed to reduce the payment to €400 as the accused ran into financial difficulties.
On July 27, 2021, the Family Court issued a decree to restore the payment to the original amount, upon the request of the accused’s former wife.
When the accused failed to make these payments, he was prosecuted and detained for 89 days.
The accused took his case to the Constitutional Court, arguing that the decree lacked reasoning and was issued without a proper hearing.
He also claimed his imprisonment was unlawful because it was based on an invalid decree.
In its decision, the Constitutional Court said that while an oral hearing is not always manadtory in civil matters, there is still a duty to provide reasons for judicial decisions.
The court found that the July 2021 decree was “completely void of basic reasons” and left the applicant in an “enigmatic situation” where he could not understand the basis of the decision nor effectively challenge it.
Since the civil decree was found to be constitutionally invalid, the court also ruled that the accused’s detention was arbitrary and violated his right to personal liberty.
The maintenance decree was declared null and void and the Family Court was ordered to re-hear the request for a maintenance increase and allow both parties an opportunity to be heard.
The State Advocate was also ordered to pay the accused €2,500 in moral damages for the rights breach and the time he spent in detention. Lawyer Konrad Borg Manche appeared for the man.