A man who was jailed 17 months for failing to pay monthly alimony to his estranged wife due to financial constraints has claimed a breach of his human rights over the disproportionate punishment.

Mario Bartolo claimed that the imprisonment was subjecting him to degrading and inhumane treatment and also discriminatory since he had another 28 pending cases.

He filed an application in the First Hall of the Civil Court in its constitutional jurisdiction against the State Advocate and the Attorney General.

He told the court that he was jailed for a total of 17 months by two different magistrates who were deciding on criminal complaints filed with the police against him by his estranged wife who he owed €466 a month in alimony following their separation.

He explained that while he worked when the separation contract was signed in 2010, he was now a 67-year-old pensioner and was “seriously sick”. It was therefore impossible for him to continue paying that amount. He said he had some toes amputated and could not work.

The decisions through which he was jailed are all pending before the Appeals Court.

Bartolo said that his wife was filing criminal complaints every few months and he had a number of pending cases because he could not pay the alimony. He had requested mediation before the family court but this was also pending, offering him no respite.

He claimed that the jail terms were disproportionate and did not take into consideration the different circumstances he was in now.

Moreover, all his cases were treated separately despite being linked. He was also being discriminated against because he could not benefit from a provision in the law that considers all cases as a continuous offence.

Bartolo therefore called on the court to rule that his imprisonment over the lack of payment of alimony was in breach of his human rights and order that all his cases be heard and decided together.

The application was signed by lawyers José Herrera, David Camilleri and Martina Herrera.