Malta among EU worst for court delays, watchdog warns

Malta is among the worst-performing EU member states on the length of judicial proceedings, the Daphne Carauana Galizia Foundation said on Thursday as it called for a “comprehensive analysis” to identify all contributing factors to court delays.

Commenting on delays in criminal proceedings in the light of the Stephen Caruana murder trial which was concluded more than 17 years after the killing of Neville Baldacchino, the foundation urged authorities to eliminate delays and reduce the mounting backlog of cases to ensure justice is delivered “within a reasonable time”.

A report compiled by the Foundation showed that Malta’s judicial system is “riddled with severe and systemic problems, failing in its legal obligations under both national and international law to ensure fair hearings within a reasonable time”.

“Delayed proceedings increase the likelihood of accused or indicted persons absconding, dying or being declared unfit for trial, and of witnesses’ memory fading and evidence being lost or becoming inadmissible as the law changes,” the foundation said

It noted that Malta has one of the highest expenditure rates in Europe on the courts, yet one of the smallest judiciaries per capita and one of the lowest resolutions rates.

On average, six murders are committed per year but only 1.5 murder cases are concluded. This is creating a mounting backlog of unresolved cases: 46% of homicide cases committed and arraigned between 2010 and 2020 remain pending,” the Foundation said.

The Council of Europe and the Venice Commission have repeatedly flagged the systemic court delays. The European Court of Human Rights has, in multiple cases, found the country to be in breach of its duty to deliver timely justice.

Year after year, the European Commission’s Rule of Law report has recommended that Malta step up its efforts to improve the efficiency of justice. That recommendation remains unfulfilled.”