Human rights violation plea rejected

Chief Justice Noel Arrigo, sitting in the Civil Court, yesterday dismissed a constitutional application filed by Anthony Bartolo against the police commissioner and the justice minister over his extradition to Italy on human trafficking charges.

Bartolo claimed a breach of his fundamental human right to a fair hearing as protected by the Constitution and the European convention on human rights and requested the court to grant him a remedy.

He also asked the court to declare that it would be unjust and oppressive were he to be extradited as the charges against him had not been raised in good faith.

Chief Justice Arrigo pointed out that a provisional arrest warrant had been issued against Bartolo and another party after a request for their extradition had been received.

The Court of Criminal Appeal had, on September 25, 2001, ordered that Bartolo be extradited to Ragusa, Italy, to face criminal charges on human trafficking.

Bartolo had requested the court to decide upon the human rights aspect of his case and to rule that his right to a fair hearing was violated.

He had also requested the court to exercise its powers in terms of the Extradition Act and to overrule the order for his extradition.

The court found no violation of Bartolo's fundamental human right to a fair hearing which was applicable to extradition proceedings.

No evidence resulted to support Bartolo's allegation that the Court of Criminal Appeal had failed to take his defence pleas into consideration, nor did it result that the court had failed to consider certain evidence produced by the prosecution.

The court therefore concluded that no violation of Bartolo's fundamental human right to a fair hearing had occurred.

The court then proceeded to examine the extradition process and to see if this could be overruled on the grounds that the charges made against Bartolo were not in good faith.

This, the court said, was an allegation that had to be substantiated by the person making it but no such evidence had been produced by Bartolo.

The only evidence that resulted from the records of the proceedings was that Bartolo was to be tried by the Italian courts and not by the local judiciary on the grounds that it would be more convenient for the evidence to be heard in the country where the alleged crime was finalised.

This was a matter that furthered the interests of justice, the Chief Justice ruled.