Criminal courts handling European Arrest Warrant (EAW) cases must consider human rights issues and any claim to the contrary is both incorrect and a failure to apply European law, the constitutional court has ruled.
The landmark decision came amid ongoing legal proceedings concerning a Romanian extradition request for Paul Philippe Al-Romaniei, a 77-year-old prince wanted to serve a four-and-a-half-year jail sentence in Romania.
Last month, the criminal court granted his extradition. While appealing the extradition request in criminal court, Al-Romaniei's lawyers initiated constitutional proceedings.
The constitutional court has now provided a critical clarification expected to impact future EAW proceedings involving human rights issues in Malta.
The three judges - Chief Justice Mark Chetcuti, Justice Giannino Caruana Demajo, and Justice Anthony Ellul - said it is incorrect to argue that criminal courts lack the authority to assess whether extradition would violate a person's fundamental rights, such as protection against inhuman or degrading treatment.
Landmark judgment
This point has been a contentious issue in extradition cases, with defence lawyers often arguing that their clients face significant human rights risks if returned to the requesting state.
Historically, criminal courts have frequently claimed they lack the competence to address these human rights concerns, leading to separate constitutional court proceedings to halt extraditions on these grounds.
The Constitutional Court's ruling clarifies that ignoring these rights breaches European law, including the EU Charter of Fundamental Human Rights, which prohibits extradition to states where individuals might face the death penalty, torture, or inhuman treatment.
Supremacy of European Law
The Constitutional Court also addressed the conflict between Maltese law and European law regarding bail provisions in EAW cases.
According to Article 15(3) of the Extradition Act, only the Magistrates’ Court can grant bail, implying that individuals must remain in custody during appeals unless the Attorney General consents to bail.
However, the Constitutional Court ruled that European law, which does not differentiate between courts handling extradition cases, prevails.
Thus, both the Magistrates’ Courts and the Court of Criminal Appeal have the authority to grant bail, especially in cases where prolonged detention would be inappropriate due to vulnerability or other significant factors.
In a recent development, Al-Romaniei was granted bail by the Court of Criminal Appeal, taking into account his age, health issues, and the advanced stage of his proceedings.
Al-Romaniei's criminal case continues at the appeal stage.
Lawyers Jason Azzopardi, Kris Busietta and Alessandro Farrugia are defence counsel.