MALTA 2019 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Malta is a constitutional republic and parliamentary democracy. The president is the head of state, appointed by a resolution of the unicameral parliament for a term of five years. The parliament appointed George Vella president for a five-year term beginning April 4. The president names as prime minister the leader of the party that wins a majority of seats in parliamentary elections. Early parliamentary elections held in 2017 were considered free and fair. On December 1, Prime Minister Joseph Muscat announced he will resign the Labor Party (PL) party leadership following the election of a new leader on January 12, 2020. He also said that he will resign as prime minister in the days that followed the leadership election to make way for a new premier. The PL intends to complete its five-year mandate, which began in 2017. The national police maintain internal security. The armed forces are responsible for external security but also have some domestic security responsibilities. Both report to the Ministry of Home Affairs and National Security. Civilian authorities maintained effective control over the national police, the intelligence services, and the armed forces, and the government has effective mechanisms to investigate and punish abuse. Significant human rights issues included: an alleged unlawful killing by two members of the armed forces and allegations of high-level government corruption. The government took steps to investigate, prosecute, and punish officials who committed violations, whether in security services or elsewhere in the government. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings In May authorities charged two members of the armed forces with the murder of a migrant from Ivory Coast on April 6 and with a February 1 hit-and-run of a migrant from Chad, who survived his injuries. b. Disappearance MALTA 2 There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The constitution or law prohibit such practices, and there were no reports that government officials employed them. Prison and Detention Center Conditions There were no significant reports regarding prison or detention center conditions that raised human rights concerns. Reports of poor conditions in detention centers for migrants were exacerbated by a significant increase in migrant arrivals, straining the centers beyond their planned capacity. Physical Conditions: In migrant detention centers, there were reports of overcrowding, poor sanitary conditions, and repeated inmate protests. Administration: Authorities allowed prisoners and detainees to submit uncensored complaints to judicial officials and to request investigation of credible allegations of inhuman conditions. Authorities investigated such complaints, and victims sought redress in the courts. Independent Monitoring: The government permitted visits to detention centers by independent domestic and international human rights observers and media. International human rights organizations referred to the situation at the detention centers as “very bad.” Improvements: Several observers reported significant improvement in conditions for inmates at the principal prison, following changes to the management structure in 2018. d. Arbitrary Arrest or Detention The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements. Arrest Procedures and Treatment of Detainees Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor MALTA 3 A magistrate may issue an arrest warrant to detain a person for questioning based on reasonable suspicion. According to the constitution, police must either file charges or release a suspect within 48 hours. In all cases authorities must inform detainees of the grounds for their arrest. Police generally respected these requirements. During the 48-hour detention period and prior to the initial interrogation, authorities allowed arrested persons access to legal counsel but did not permit visits by family members. The state provides legal aid for arrested persons who cannot afford a lawyer. The law allows police to delay access to legal counsel for up to 36 hours after arrest in certain circumstances, such as when exercising this right could lead to interference with evidence or harm to other persons. After filing charges, authorities granted pretrial detainees’ access to both counsel and family. A functioning bail system is in place. Pretrial Detention: Lengthy pretrial detention remained a problem. Authorities occasionally confined foreign suspects for more than two years pending arraignment and trial, normally due to lengthy legal procedures. Approximately 30 percent of the prison population was in pretrial detention. The courts adjudicate applications for bail on a case-by-case basis and normally granted bail to citizens. The courts rarely granted bail to foreigners. In September authorities charged five Sudanese nationals with taking part in a protest against prolonged detention at the facility in Safi. e. Denial of Fair Public Trial The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. There were no reports of instances in which the outcomes of trials appeared predetermined by government or other interference. Authorities respected and enforced court orders. Trial Procedures The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy the right to a presumption of innocence, the right to a fair and public trial, and the right to be present at their trial. Defendants have the right to prompt and detailed information of the charges, with free interpretation if necessary, from the moment charged through all appeals. They can communicate with an attorney of their choice or have one provided at public expense if they are unable to pay. Defendants and their lawyers receive adequate time and facilities to Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor MALTA 4 prepare a defense. Defendants may confront prosecution or plaintiff witnesses and present their own witnesses and evidence. They are not compelled to testify or to confess guilt and have the right to appeal. Political Prisoners and Detainees There were no reports of political prisoners or detainees. Civil Judicial Procedures and Remedies The constitution provides for an independent and impartial court in civil matters, including human rights issues. After exhausting their right of appeal in the national court system, individuals may apply to bring cases covered by the European Convention on Human Rights before the European Court of Human Rights. Property Restitution Although the country endorsed the Terezin Declaration, there have been no reports related to Holocaust-era property restitution. The country remained a British colony and Allied naval stronghold throughout World War II. The Nazis never invaded or occupied Malta, and Maltese property was never seized. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions. Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Freedom of Expression: It remains a criminal offense to “commit an offence against decency or morals, by any act committed in a public place or in a place Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor MALTA 5 exposed to the public.” The law criminalizes speech that promotes hatred on grounds of gender, gender identity, sexual orientation, race, color, language, ethnic origin, religion or belief, or political or other opinion. Incitement to religious hatred is punishable by a prison term of six to 18 months. Violence and Harassment: In 2017 police charged three persons with the killing of investigative journalist Daphne Caruana Galizia in a 2017 car bombing near her home. Authorities, however, have not brought the men to trial. Caruana Galizia had reported on major government corruption, allegedly involving the prime minister and other senior government officials. In September Prime Minister Muscat created a commission for an independent public inquiry into Caruana Galizia’s killing. On November 20, police arrested business magnate Yorgen Fenech as a “person of interest” in the killing. On November 30, they arraigned Fenech and charged him with criminal conspiracy, being an accomplice in Caruana Galizia’s murder, and of conspiring to commit murder, among other things. Fenech denied the charges (see also section 4, Corruption