Multiple prison meeting rooms wiretapped by the security service - Lawyers

The Chamber of Advocates said on Monday it had sworn testimonies from two people claiming that the secret service had wiretapped multiple meeting rooms reserved for high-risk individuals at the prisons. 

The chamber held a news conference during a rare lawyers' strike over the issue. 

Times of Malta asked the chamber whether the wiretapping was related to a particular case or several cases. In its reply, the chamber said that the issue was not linked to a specific case because it turned out that there were several rooms in which there was allegedly an eavesdropping device. 

Times of Malta also asked whether the chamber had any proof that the conversations between the lawyers and their clients had been recorded. The chamber said the state was not contesting the existence of an eavesdropping device. However, the State has said that when a lawyer entered the rooms in question, the devices were turned off.

The president told the media it was not sure whether the devices had been removed since it aired its concern about the alleged secret recording of confidential conversations between lawyers and their clients earlier this month.

Last week, the chamber filed a judicial protest against the prime minister and government officials concerning an alleged January 2021 ministerial warrant authorising the use of listening devices in prison visitors' rooms.

On Monday, the chamber said it wanted an official inquiry into the alleged surveillance and wanted to be briefed about the presiding judge and the inquiry's terms of reference.

President Peter Fenech said the chamber has evidence of wiretapping, backed by the sworn, closed-door testimonies of two people. 

Fenech insisted that the strike had no political motivation.

The chamber's aim was to protect clients rather than lawyers, since the lawyer-client privilege existed so that a person could seek legal advice in an environment of trust, safety, and absolute confidentiality.

The chamber said it had known about the wiretapping for some time, but it had never sought publicity or confrontation in the media, nor did it disclose sensitive information.

It had received information from its members about surveillance elements within the Corradino Correctional Facility at the beginning of June. However, the chamber had chosen to act discreetly. 

While looking into the matter itself, it had also written to Home Affairs Minister Glenn Bedingfield, keeping Justice Minister Clifton Grima in copy. It had informed them it had received serious allegations about surveillance and stressed that the right to professional privilege between lawyer and client was "sacrosanct".

It also sought clarification on whether interception systems were currently active, whether these had been expanded over time, what measures were going to be taken to address the allegations, and whether the minister was willing to launch an inquiry.

The chamber subsequently received additional information from lawyers about surveillance at CCF.

The evidence the chamber had in hand indicated that multiple rooms had been affected by surveillance systems.

"When a person speaks to their lawyer, they must be certain that they are doing so privately, without the fear that someone is listening to or recording what is being said," Fenech said.

The chamber stressed that trust between lawyer and client must be based on absolute certainty that communication remains confidential under all circumstances.

Answering questions by Times of Malta, the chamber said the issue was not linked to a specific case. There were several rooms affected by the alleged eavesdropping devices.

However, when asked to identify the high-risk prisoners allegedly being wiretapped, the chamber said it did not know the identity of the prisoners involved.

Times of Malta also asked whether the chamber had any proof that the conversations between the lawyers and their clients had been recorded. The chamber said the state was not contesting the existence of an eavesdropping device.

However, it added that there was still no certainty that these devices had been removed.

In its replies to Times of Malta, the chamber said two witnesses had provided the same version of the facts and that they both claimed the presence of surveillance equipment in a particular room.

However, it did not confirm whether one of these witnesses was a former prison director. 

The chamber flagged heightened concern among lawyers over the matter.

It also noted that the prison population has grown substantially and that at times, multiple lawyers met their clients at the same time.

In these circumstances, some meetings took place on benches in a larger common space.

The press conference was led by Fenech, vice president Anna Mifsud Bonnici, secretary Stefano Camilleri, and treasurer Cedric Mifsud.