Lawyer claims violation of human rights

A lawyer currently detained at Corradino Correctional Facility after his bail was revoked, yesterday filed a constitutional application in the First Hall of the Civil Court against the Commissioner of Police and the Attorney General.

Dr Patrick Spiteri claimed his fundamental human rights had been violated when he was arraigned on charges of falsification and by the fact that he could not be released on bail a second time.

In yesterday's application, Dr Spiteri declared he had been arrested by the police on October 2 at 2 a.m. on allegations of falsification of a notarial deed.

He had cooperated fully with the police, enabled them to examine each computer at his office and had taken the police to his home where he had handed over all documentation they required.

He had also authorised his employees to render all necessary assistance to the police and had made a detailed statement in which he had replied to every question put to him without exercising his right to remain silent.

Despite this, applicant said he had been arraigned in the evening of October 2 and charged with fraud and falsification. He was granted bail and released on that same day but his bail was revoked on November 4 by the Criminal Court after ruling he had violated the bail conditions.

Dr Spiteri added that in terms of the Criminal Code he could not again be released on bail in the course of the present criminal proceedings.

In his application, Dr Spiteri claimed that the decision by the Police Commissioner to arraign him under arrest was in violation of his fundamental human right to freedom from arrest, which right was protected by both the Constitution and the European Convention of Human Rights.

He further claimed that the provision of law prohibiting him from again being granted bail was also in violation of his fundamental human rights.

Dr Spiteri declared that no circumstances existed which justified his being arraigned under arrest. He had fully cooperated with the police and had given no indication that he would not attend court when summoned. In addition, he insisted, he had no criminal record. The police could have summoned him to court by means of a writ, as was done in other cases, and their failure to do so was in violation of his human rights.

The right to personal liberty was a fundamental human right and could only be limited or removed in certain specific circumstances contemplated at law.

Dr Spiteri said the fact that the Magistrates' Court had not determined whether or not his arraignment under arrest was justified was in violation of his fundamental human rights.

The failure of the law to allow bail on more than one occasion in the same proceedings was also in violation of the right to personal liberty, Dr Spiteri argued, adding that the law did not contemplate any change in circumstances that could occur.

He concluded his constitutional application by requesting the court to declare that his fundamental human rights had been violated and to declare that his arrest and detention in preventive custody were in violation of his right to liberty.

Dr Spiteri also requested a declaration that the provision of the Criminal Code denying him the benefit of release on bail a second time was in violation of his rights and for the court to condemn respondents to pay him suitable compensation.

Prof. Ian Refalo, Dr Emmanuel Mallia, Dr Mario de Marco and Dr Giannella Caruana Curran signed the application.