An inmate at the Corradino Correctional Facility and his girlfriend, whose dreams of marriage were smashed when the former prison's director changed his mind 10 days before the wedding date, have been awarded moral damages.

The court concluded that the applicants’ rights to marry and private family life had been breached and the man’s detention "stark naked inside a bare cell without even a mattress" amounted to inhuman and degrading treatment and punishment.

Yousef Essesi and Meliza Muscat’s story made the headlines back in 2019 after the couple decided to go public about the troubles they were facing with prison authorities ever since Lt Col Alex Dalli took over as director, first allowing marriage preparations to go ahead and then changing his mind just 10 days before the set date. 

The couple, who had been in a relationship for a number of months, first expressed their wish to marry in June 2018, acquiring leave from the prisons' board and even meeting outside the prison to apply for publication of the marriage bans at the Public Registry in Valletta. 

So when, just 10 days before the big day, that leave was withdrawn, Essesi took it very badly.

He was locked up and subdued with pepper spray, then transferred to Division 6 – the “punishment” division.

Dalli later explained that that division was used to detain inmates on suicide watch. 

Essesi’s track record behind bars was not ideal.

He entered Corradino in 2014 and was since serving several jail sentences, facing some 160 disciplinary actions most of which pre-dated 2018. 

He was transferred to Division 6 over 20 times and had recorded 22 episodes of self-harm.

A correctional services agency report concluded that Essesi had psychopathic traits and an antisocial personality disorder which was assessed as being “very high risk.”

After his marriage letdown, he was transferred from Division 6 to Division 5, spending 60 days in that maximum security section reserved for those accused of very serious crimes and some on life imprisonment. 

On that occasion, Essesi admitted that the punishment was his fault. 

His situation seemed to improve after he was transferred to Division 13, putting his energy on works at a new gym and earning the director’s praise.

But when in 2019 he made another attempt to get leave to marry and failed, his girlfriend took their grievance to court. 

That move triggered repercussions in jail. 

Essesi was sent back to Division 6 with no explanation, on the way meeting Dalli himself who allegedly warned, “as long as I’m here, I won’t let you marry - tell your lawyer. And thank your girlfriend.”

He ended up naked in a cell without toilet or sink

Essesi ended up naked in a cell without a toilet or sink, no bed or mattress or sheets.

And that was how he spent the night.

Dalli later claimed that the measure was taken on advice of the psychiatrist, but normal prison practice was for inmates to be given non-tearable clothing. 

His girlfriend was denied access for six months and all her letters to her loved one behind bars were blocked, prompting her to air her troubles on the television show Xarabank. 

Essesi insisted that he wanted to marry to move away from the life of criminality, in hope of finding the affection he had always been denied. His mother had also abandoned him at a young age.

The matter ended up before the civil courts in constitutional proceedings where the couple’s lawyers claimed that the applicants’ right to marry and to private and family life was breached.

Essesi’s handling by prison authorities also amounted to inhuman and degrading punishment or treatment. 

When delivering judgment, Mr Justice Grazio Mercieca declared that the court was morally convinced that the former prison's director did not want the couple to marry and bringing up the conditions of prison leave was just an excuse. 

The court noted contradictions in Dalli’s testimony. 

He had changed his mind after familiarising himself with Essesi’s record soon after taking up office, but by so doing Dalli had assumed functions that were “not his”.

The director could have flagged his concerns about the marriage to the relative authorities, rather than change his mind just 10 days before the due date.

That was “at the very least, great insensitivity” which amounted to inhuman and degrading treatment of Essesi and his spouse-to-be, observed the court. 

As for Essesi’s bouts spent in isolation, the court held that earlier periods were justified for disciplinary purposes and the treatment did not amount to torture. 

Rights breached

However, the applicant’s transfer to Division 6 after the filing of the court case and Muscat’s intervention on Xarabank was “pay back” and not justified. 

That was “arbitrary punishment against a person who was already deprived of his liberty and totally dependent on prison authorities who are to effect discipline but are not to abuse of their powers”.

Nor was the withholding of Muscat’s letters and denying her visits justified, but simply “pay back,” said the court.

The director claimed that Muscat had been denied access after she tried to record the prison guards’ conversation. 

But the court held that Muscat had only attempted that so as to get proof that she was being unfairly denied access to her boyfriend. 

On the basis of all evidence, the court concluded that the applicants’ rights to marry and private family life were breached.

Essesi’s detention, stark naked inside a bare cell without even a mattress also amounted to inhuman and degrading treatment and punishment.

Essesi was awarded €1,000 in moral damages, while Muscat was awarded €500.

Lawyers Edward Gatt and Mark Vassallo assisted the applicants.