Five NGOs have written to the leadership of the European Union and the Council of Europe, insisting that the government's reform of magisterial inquiries is misleadingly being described as following the lines of the recommendation made by the Venice Commission, when it actually does not reflect the intentions or spirit of the recommendations.

"If adopted, Bill 125 will effectively consolidate the almost impregnable shield protecting the Government from investigations of corruption, nepotism, maladministration and other crimes perpetrated by the people mandated to lead the country," the Daphne Caruana Galizia Foundation, aditus, Graffitti, Fondazione Falcone and Repubblika say.

The bill is currently being debated in parliament.

"These actions can only be interpreted as a knee-jerk reaction to successful petitions to the court of Magistrates filed in recent years which have led to some high-profile prosecutions of high-ranking civil servants, former ministers and a former prime minister," the NGOs explain.

"Summarily, whilst indeed introducing additional rights to victims of crime subject to an inquiry, the Bill severely restricts the rights of any person to petition for a magisterial inquiry in cases where the police or prosecution fail to act. It bars potential complainants from approaching the judiciary directly – as is the pertaining situation – by requiring them to firstly file a report with the police. Complainants would also be expected to identify and name a suspect, note the acts committed, flag the alleged offence and present evidence before the inquiry even begins, effectively forcing them to assume the role of investigator and prosecutor."

"The above must be read within a Maltese context where there exist several institutional and governance challenges in the area of justice and the fight against corruption together with a culture of impunity for public officers, as already recognised by the European Commission, the European Council and the European Parliament. We also underline that the Malta Police Force is, on paper and in actual fact, a department within the Home Affairs Ministry. Its performance in recent years in relation to the several allegations of corruption and malpractice in the highest levels of Government further convinces us of the inbuilt inefficacy of the proposed new system." 

The European leaders were urged to raise concerns with the Maltese authorities and within their respective institutions.

The letter to the EU entities can be seen in full by clicking on the pdf below.