European Court awards damages to Maltese man

The European Court of Human Rights ordered the government to pay €4,500 (about Lm2,000) in damages to a man after criminal proceedings against him had dragged on for over 10 years.

The court ruled that the man's right to a national effective remedy had not been breached.

The European Court of Human Rights (ECHR) heard how the case of Nazzareno Zarb started in 1991 when, on April 5, he had been arraigned and charged with aggravated theft.

On February 15, 1995, the Magistrates' Court acquitted Mr Zarb of two of the charges, namely of receiving stolen goods and stealing a car, but found him guilty of six counts of theft and sentenced him to four years imprisonment.

Mr Zarb, and other co-accused, appealed and made a number of requests for release on bail, for the examination of new witnesses and for leave to present further submissions. This led to the adjournment of the case on several occasions until on October 3, 2002, the Court of Criminal Appeal adjourned the proceedings sine die awaiting the outcome of the constitutional claim Mr Zarb had introduced.

On April 5, 2002, he filed a constitutional application at the First Hall of the Civil Court complaining about the duration of the criminal proceedings and alleged that his trial had not been fair.

But, in a judgment on May 15, 2003, the First Hall dismissed his claim. On May 27, that same year, Mr Zarb appealed to the Constitutional Court.

Then, on October 31, 2003, the latter court quashed the judgment insofar as it concerned his complaint relating to the duration of the criminal proceedings.

Consequently, the proceedings before the Court of Criminal Appeal were resumed, and on January 15, 2004, the Court of Appeal confirmed the first-instance judgment.

So, on April 5, 2004, Mr Zarb took his case to the ECHR and filed an application against the government calling on the court to declare that there had been a violation of his right to a fair trial by an independent and impartial tribunal. He also complained about the duration of the criminal proceedings brought against him.

He also argued he did not have at his disposal an effective remedy before a national authority with regard to his complaint on the duration of the proceedings.

The court ordered the government to pay Mr Zarb €4,500 in damages and €1,700 (Lm750) in respect of costs and expenses, apart from any tax that may be chargeable on the above amounts. The government was ordered to pay up within three months.

Attorney General Silvio Camilleri represented the government.

Lawyers Chris Soler and Chris Cardona appeared for Mr Zarb.