Updated 8.30pm, adds government statement

Malta’s implementation of recommendations by the Council of Europe to ensure  justice for Daphne Caruana Galizia and bolster the rule of law were deemed “unsatisfactory” on Tuesday. 

The assessment was made by the Council’s legal affairs committee, endorsing a report by its rapporteur Pieter Omtzigt as his mandate comes to an end. 

In a statement later in the evening (see below), the government said that the resolution failed to provide a clear picture of all the work that has been undertaken.

In a resolution adopted 18 months ago, the Council’s assembly had made a series of recommendations to the Maltese authorities on achieving justice for the slain journalist and ending impunity for high-level corruption. 

But the committee said implementation of the recommendations on ensuring justice for Caruana Galizia remain “fundamentally unsatisfactory, with no final results”.

The response on ending impunity for high-level corruption was “entirely unsatisfactory”, while the response on strengthening the rule of law in Malta was “unsatisfactory overall, with mixed results”.

In his report, Omtzigt reviewed recent developments in the investigation and court proceedings of Daphne’s murder, as well as the public inquiry into her death and the rule of law situation.

Backing his conclusions in a statement, the committee also called on the Maltese government to “refrain from any attempt to impose an arbitrary time-limit” on the work of the independent public inquiry currently under way.

It also called on the Maltese authorities to take the measures identified in the follow-up report to fully implement the Council’s recommendations “as a matter of urgency”.

In an opinion piece sent to Times of Malta, Omtzigt said the government had “failed badly” in the way it went about certain reforms without public consultation. 

He said many of the shortcomings related to anti-corruption measures. 

“Taken individually, each may seem relatively minor, but taken together they leave the system much weaker than it should be. This is especially worrying when one remembers that allegations of high-level corruption were a major contributor to Malta’s recent political crisis”.

Omtzigt described Malta’s criminal justice system as being “unfit for purpose”, highlighting how magisterial inquiries tend to conclude late or not at all in high-profile cases, and how the compilation of evidence stage preceding a trial can cause “delay and confusion”. 

The rapporteur also noted how none of the high-profile corruption and money laundering scandals had been resolved. 

Omtzigt warned against political pressure being applied to the public inquiry into Caruana Galizia’s assassination, praising the “spectacular results” achieved so far. 

Prime Minister Robert Abela has expressed his wish that the inquiry concluded its work by the December 15 deadline

The Dutch rapporteur also spoke about the need for justice for Caruana Galizia. 

“But the various criminal proceedings are complicated, drawn-out, and confusing; the authorities continue to decline opportunities to co-operate with foreign police investigations; and the suspicions of wider high-level involvement seem not to be explored.”

Resolution fails to provide clear picture of all work undertaken - government

In a statement, the government said it took note of Omtzigt’s opinion on Malta. 

It said it has remained in constant contact with Omtzigt throughout the entire period when he was rapporteur and provided continuous updates on the situation of the rule of law in Malta. However, the resolution fails to provide a clear picture of all the work undertaken by the government. 

It said that, throughout the past months, the administration led by the Prime Minister Robert Abela carried out unprecedented constitutional and institutional reforms that were positively received by the Venice Commission within the same Council of Europe, and the European Commission. 

This was the case, following a unanimous Parliamentary vote by the Maltese House of Representatives, on a diverse number of amendments to the constitution and other legislation. 

“Key among these reforms are the two fundamental constitutional amendments, the method of appointment of the President of the Republic, as well as, of the Chief Justice respectively, both of whom now require a two-thirds parliamentary majority. 

“This process has also led to a change in the method of appointments for judges and magistrates,” the government said.

It siad that together with a constitutional change concerning the discipline of the same members of the judiciary, the latter is no longer under Parliamentary scrutiny but now falls within the responsibility of the Commission for the Administration of Justice. 

Important reforms were also undertaken with regards to the Office of the Attorney General, which office has been divided, leading to the establishment of the Office of the State Advocate. The Permanent Commission against Corruption, the Ombudsman and the Auditor General were strengthened. 

The government noted that, for the first time, the Commissioner of Police was appointed following a public call which was led by the Public Service Commission.

Once a candidate was shortlisted, he was subject to a Parliamentary scrutiny process.

“It is noteworthy to outline that recently the work and efforts of the Malta Police Force have also been recognised by international entities as well as other countries, notably, the United States”

The government reiterated that, while this work does not represent the completion of all processes, one had to acknowledge that the changes serve as a “strong and solid foundation” for other reforms that have yet to be undertaken during the constitutional convention chaired by the President of Malta.

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