Daphne Foundation criticise lack of progress four years after public inquiry

Most of the recommendations of the public inquiry into the assassination of Daphne Caruana Galizia have not been implemented four years on, the family of the slain journalist has said.

In a scathing assessment Tuesday of the more than 20 recommendations of the inquiry, the Daphne Caruana Galizia Foundation said that in the four years since the recommendations had been made, “almost nothing has changed”.

Only two of the 26 recommendations listed by the foundation have been fully implemented, according to the assessment.

The foundation noted that while the final report of the inquiry had been sent to Prime Minister Robert Abela on July 29, 2021 – four years ago – “most of its recommendations are still outstanding, leaving journalists at risk”.

“The purpose of the inquiry was for the State to understand its failures and to learn how it must change to prevent future deaths”, it said. 

“This isn’t just a moral choice. It’s a legal obligation: a State has a positive obligation to protect lives.”

Recommendations to introduce ‘unexplained wealth orders’ and criminalise public officals who hinder police in their investigations, mafia-style association and abuse of office have not been implemented, the foundation said.

Neither have recommendations to introduce the crime of obstruction of justice in criminal law and introduce legal provisions to safeguard against improper conduct by public officials, it said.

Numerous constitutional improvement failings were highlighted by the foundation, which was founded by Caruana Galizia’s husband and sons Peter, Matthew, Andrew and Paul.

Pending recommendations by Council of Europe body GRECO – the council’s anti-corruption entity – and the council’s advisory body on constitutional matters, the Venice Commission, “must be implemented without further delay”, the foundation said.

Meanwhile, access to Malta’s report to the council’s anti-money laundering and financing of terrorism committee MONEYVAL – due in 2023 – had not been provided, nor had confirmation the report had been sent to the committee.

The foundation noted that recommendations to step up police protection of journalists, including assessing those at risk of harm, had been implemented.

Citing the conclusion of the public inquiry, the foundation noted it had concluded the state must shoulder responsibility for Caruana Galizia's death because it had failed to protect the slain journalist and “actively increased the dangers” she faced.

The Office of the Prime Minister “fostered a culture of impunity that ‘spread like an octopus’ throughout the entire State” and “led an ‘orchestrated plan’ to undermine the political impact of Daphne’s reporting,” while “high-level corruption” created a “powerful network” aimed at “neutralising” her work, it said.

Caruana Galizia was killed in a car bomb blast in October 2017. In February, murder suspect Yorgen Fenech left prison on bail while he awaits trial for his alleged complicity in her assassination.

The foundation said: “If implemented effectively, the public inquiry’s recommendations could change the face of Maltese democracy, restore the rule of law, heal the country’s trauma, and make Daphne’s the first and last assassination of a journalist in Malta.”

A full copy of the assessment may be found below: