Civil Society NGOs correct government spin on proposed justice reform

Five non-governmental organisations have written an open letter to S&D members of the European Parliament debunking the Government of Malta’s misinformation campaign about a controversial new Bill that would further erode the rule of law in the country.

The letter was sent to the group — including S&D head Iratxe Garcia-Perez and EU Commission head Ursula Von Der Leyen — to refute claims made by Maltese MEP Alex Agius Saliba defending the government of Malta’s claims that the proposed reforms are in line with recommendations made by the Venice Commission.

The five NGOs state that the proposed Bill 125 respects neither the letter nor the spirit of the Venice Commission’s recommendations, and does not address fundamental problems in Malta’s judicial system. 

While some of the proposals would grant new rights to victims, clarify details with respect to court-appointed experts and put time limits on investigations that often drag on for years, they would also place undue time constraints on much more complicated investigations involving financial crime and corruption.

According to the NGOs, this new legislation will aid impunity rather than combat it. 

“If adopted,” they state, “the Bill will consolidate the almost impregnable shield protecting members of the Executive from investigations of corruption, nepotism, maladministration, and other crimes.”

The proposed legislation also fails to address structural problems in Malta’s criminal justice system that result in lengthy criminal proceedings, failed prosecutions and an unacceptably low rate of conviction for violent crime, fraud and corruption.

The fact that Bill 125 is being rushed through parliament despite near universal opposition suggests that “the Maltese Government appears to have prioritised protecting members of the Executive under the guise of instituting reform”.

The Daphne Caruana Galizia Foundation, aditus foundation, Malta Office of Fondazione Falcone, Repubblika and Moviment Graffitti are calling on members of the S&D Group of the EU Parliament “to be more intentional, conscious, and proactive in leading the fight with positive initiatives against corruption.”