Court ruling on parole for life-sentenced murderer will be appealed - minister
Justice minister says government will challenge judgment declaring parole exclusion a breach of human rights
The state is to appeal a court decision which found that excluding life-sentence prisoners from parole eligibility breached their human rights, Justice Minister Jonathan Attard said in parliament.
He was replying to a question by government whip Naomi Cachia, who asked what steps the government would take following the civil court judgment.
“We are in a state of appeal, and I am informed that the State Advocate will be appealing that sentence,” Attard said.
The case concerned Andy Calleja, who was jailed for life in 2004 for murdering police constable Roger Debattista as he stood guard at a Bank of Valletta branch in Qormi.
At the time of sentencing, Calleja was described as a “serious threat to society” and convicted by jury.
Calleja later filed constitutional proceedings before the First Hall of the Civil Court, claiming his right to a fair trial and protection from inhuman and degrading treatment had been breached.
The application was filed against the prime minister, justice minister, home affairs minister, State Advocate, and the director of Corradino Correctional Facility.
On 21 November, the court declared that the state needed to ensure that no one’s fundamental human rights were breached, including those who were jailed for life. It also needed to ensure that the rights of those who deserved to benefit under the Restorative Justice Act were safeguarded.
The court ruled that while Calleja’s right to a fair trial had not been breached, his right to freedom from inhuman and degrading punishment was breached, since he could not apply for parole under the Restorative and Justice Act.