A man whose telephone conversations were allegedly tapped by Maltese security services acting without the necessary ministerial warrant is claiming that such illegality breached his fundamental human rights. 

Carmelo Occhipinti, an Italian national who has been living in Malta for the past 21 years working primarily in banking and finance, cried foul when an Italian anti-mafia court was presented with evidence that his phone had been tapped for several months. 

In August 2019, he handed in his resignation to the banking institution where he had been employed since 2003.

His job formally came to an end in February 2020. 

But it later emerged that between January and October 2019, Maltese and/or Italian security services had been listening in on calls made or received by Occhipinti on his mobile phone which had a Maltese service provider’s number.

Moreover, security services were also listening in on any conversations carried out in the vicinity of his bank clients’ mobile phones whenever the devices were not switched to aeroplane mode. 

Such “unequivocal and irrebuttable” evidence emerged through documents which were formally exhibited before the Tribunale di Catania Direzione Distrettuale Antimafia, Occhipinti’s lawyers claim in a judicial protest filed on Friday before the First Hall, Civil Court.

Transcripts of those phone conversations forming part of records before the Italian court were “black on white” evidence, making it “blatantly clear” that such intercepts were done without the necessary ministerial warrant. 

One of those intercepts concerned a particular call affected during a meeting that took place at the bank’s St Julian’s offices attended by Occhipinti and three or four others.

In terms of the Security Services Act, any intercept must be effected under a warrant issued by the relative minister and any information obtained without such authorisation was “automatically illegal”.

When the law was being discussed in parliament, the legislator intended to ensure that such powers would be used with “great caution” and only within the ambit of the relative warrant. 

Such an approach was purposely designed to safeguard the fundamental rights of every person, including the right to private life in terms of the Constitution and the European Convention on Human Rights. 

Occhipinti is now claiming that that right has been breached in his regard and is thus calling upon the Police Commissioner, the MSS (security services) Chief and the State Advocate, holding them responsible for damages and reserving the right to further legal action to protect his rights.

Lawyers Jason Azzopardi and Kris Busietta signed the judicial protest.