A Dutch woman whose rights were found to have been violated after she was made to search her own excrement for suspected drugs has filed a new case claiming court delays constituted another breach of her rights.

Jennifer Koster says the court that initially turned down her human rights claim put off her case for judgment 17 times, a delay which breached her rights to justice within a reasonable time.

Earlier this month, an appellate court partially overturned that judgment and awarded Koster €1,000 in moral damages for inhuman and degrading treatment.

But the woman has now filed a case in the First Hall of the Civil Court, in its constitutional jurisdiction, against the attorney general over the original delays.

In her application, Koster said that she was complaining of delays in the court presided by Mr Justice JR Micallef and noted that the Constitutional Court that heard her appeal and was presided by the chief justice was very efficient.

Her story goes back to February 18, 2015, when she landed in Malta on one of her regular visits to her Maltese partner, who picked her up at the airport.

First court put off judgment 17 times between October 31, 2018 , and December 17, 2020

On their way home, the couple were stopped by the police who claimed to have had a reasonable suspicion that she was acting as a drug mule.

Koster was taken to hospital, administered a laxative in her coffee and made to search her excrement for the suspected drugs. No drugs were found and she was released.

Soon after the incident, Koster had told Times of Malta that she felt “humiliated” and “treated like a dog”.

She then filed a case in the First Hall of the Civil Court, in its constitutional jurisdiction, claiming her rights had been breached because she had been subjected to arbitrary arrest and inhuman and degrading treatment.

In December 2020, the court turned down her claims but she appealed and the Constitutional Court overturned part of that judgment.

It found that, while her arrest was not illegal, Koster was subjected to inhuman and degrading treatment since the police should have taken all precautions to ensure that the procedure in hospital was carried out in as dignified a manner as possible.

Her new claim is based on the fact that the first court put off judgment 17 times between October 31, 2018, and December 17, 2020, constituting a breach of her right to justice within a reasonable time.

Lawyers Franco Debono, Marion Camilleri and Amadeus Cachia are assisting Koster.