Civil society organisations said on Tuesday that the conclusions of a recent European Commission report confirmed that Malta was failing to tackle corruption and strengthen the rule of law.
"None of the recommendations of the European Commission in the preceding year’s report has been implemented in the current year. In fact the current year’s recommendations are nothing more than a reiteration of pending recommendations. This is evidence of the government’s lack of impetus to address corruption and strengthen the rule of law" the NGOs Repubblika, aditus, SOS Malta, and The Daphne Caruana Galizia Foundation said.
Although the European Commission had noted “some progress”, this supposed progress was nothing more than further empty promises made by the government.
The NGOs said they were reiterating their insistence on reforms to strengthen the independence of the judiciary and the government should stop making excuses to justify its failure to act.
As to measures to strengthen the independence of specialised tribunals, the government was continuing to keep its intentions secret and no progress had been seen in this regard.
The NGOs noted that the Commission stated that the government was making an effort to improve the efficiency of the judicial system however it also stated that it had seen no improvement in results.
"Court cases are still taking too long. We reiterate that the exaggerated delays stemming from major problems in the administration of justice and the lack of human resources, are the responsibility of the government and are in of themselves an injustice and a violation of everyone's right to a fair hearing in a reasonable time, particularly for victims of crime. The government has not yet brought about any improvement and the judicial system remains (as the Association of Judges and Magistrates has said) "on the brink of collapse".
Investigation of corruption
The Commission had also noted progress in the investigation of corruption and specifically referred to the hospitals’ inquiry.
But, the NGOs said, this was not an achievement of the government. The hospitals’ inquiry came about as a result of the efforts of civil society despite the obstruction by government officials who have now been indicted. Prime Minister Robert Abela attempted to discredit the inquiry and belittle the prosecution in this case.
The NGOs said the 'devastating observation' of the Commission that the Maltese state had not successfully convicted anyone despite rampant corruption within the government was completely accurate and remained the most compelling evidence of the weakness of the rule of law.
Protection of journalists
Turning to legislative changes to protect journalists, the NGOs said the government had effectively ignored the recommendations of the public inquiry into the murder of Daphne Caruana Galizia. "The government has not published the promised White Paper about legal reforms in this sector. Journalists working in Malta still face the same risks which led to a journalist being killed."
The NGOs also noted that as the commission had pointed out, nothing had been done to strengthen the independence of public broadcasting, to institute transparency in the way the government spends money in the media, and that government advertising is spent fairly among different media.
Anti-corruption measures
Recommendations to strengthen anti-corruption measures made by the Daphne Caruana Galizia public inquiry had also not been implemented yet. "This is crucial, since a culture of impunity is one of the factors that enabled Daphne’s murder.
"As the Commission notes, although Malta is supposed to have a National Strategy Against Fraud and Corruption, this has not been implemented yet. Changes to the Permanent Commission Against Corruption have not improved the situation: that is to say, no work of the Permanent Commission has ever led to anyone’s prosecution and conviction."
The Commission had also reiterated its concern about the large number of persons appointed directly as persons of trust in government, about the fact that Malta did not have a law that really protects whistleblowers, that there are great risks of corruption in the systems of public procurement, and that there are risks of corruption in the sale of passports.
The Commission had also reiterated a long-standing recommendation for the setting up of a National Institution for Human Rights.
"A government that, year after year, ignores a recommendation like this is hostile to human rights," the NGOs said.
They insisted that the repeated recommendations of the European Commission together with the still pending recommendations of the Daphne inquiry, the Venice Commission and other institutions need to be implemented after effective consultation and with the participation of civil society.
Media Freedom
The Media Freedom Rapid Response (MFRR) coalition in a separate statement on Tuesday welcomed the publication of the (EU-wide) 2024 European Commission’s rule of law report.
"Despite progress made in some areas, the report shows that press freedom remains under threat in Europe," it said.
Referring to sections of the report about Malta, the MFRR observed that Malta, Greece, Italy, and Slovakia had made insufficient progress towards guaranteeing the safety of journalists, both physical and against abusive lawsuits.
It also noted that Malta had not comprehensively improved the situation for journalists since Daphne Caruana Galizia’s assassination. Only two recommendations from the public inquiry report had been implemented, with the white paper still not being published, and the government’s proposed media legislation currently frozen in the Maltese parliament.