Parliament worked fast this week to amend the extradition law, giving the opportunity for Maltese national Daniel Meli to retract initial approval for extradition to the United States, where he could face decades of imprisonment over computer crimes.
The 27-year-old initially consented to being extradited to the US but later sought to retract his consent — something that Maltese law does not currently allow.
The bill, which passed through its first and second readings, will allow two weeks during which people who consent to extradition can change their mind.
Parliament debated the bill on Tuesday despite it not being on the agenda, following an agreement between the government and the opposition.
Sources said they expect the bill to be debated by the Committee for the Consideration of Bills on Monday, before the final vote, which is expected to be unanimous.
During Tuesday's parliamentary debate, neither Justice Minister Jonathan Attard nor his shadow counterpart Karol Aquilina mentioned Daniel Meli.
The United States sought Meli's extradition after a grand jury in Georgia issued a bill of indictment over alleged malware sales on the dark web between December 2012 and June 2022. If found guilty, he could face up to 40 years in a US prison.
Meli was arraigned in a Maltese court in February and initially consented to the extradition but later retracted his consent after hiring new lawyers. They argued that the Magistrates' Court had not verified whether he was medically fit and capable of understanding his decision.
Should the law pass before he is extradited, Meli would be able to have his extradition case heard before the court once more.
Meli's lawyers, Franco Debono and Arthur Azzopardi, have also filed constitutional proceedings as they seek to stave off their client's extradition.
If passed, the new bill will require the courts to inform individuals of the legal consequences they face if they consent to extradition. Those who consent to extradition will also be given 15 days to contest their consent and ask for it to be annulled.
During the parliamentary debate, Justice Minister Attard said extradition was an important legal instrument for delivering justice and fostering international cooperation. However, he added that legal frameworks must offer the best human rights protection.
Shadow justice minister Karol Aquilina said the bill was "needed" to make up for current shortcomings in the law.
"There is agreement on these amendments from the opposition," Aquilina said.
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Last August, Aquilina commented on Meli's case, suggesting that Meli should face trial in Malta instead of being extradited. He said the government should not simply accept to have Maltese citizens being extradited to be indicted in a foreign court when it was clear that their alleged crimes were committed in Malta.