Roadblocks: Police and army 'abusing' their power
An individual being frisked on his way to the Gozo ferry last weekend. Photo: Martin Agius/AFM.
Citizens are not adequately protected against abuse of power and discrimination during roadblocks set up by the police and army, according to criminal lawyers contacted by The Sunday Times.
Last weekend, hundreds of individuals were subjected to vehicle checks and frisking on their way to the Ċirkewwa ferry terminal to board the Gozo ferry for the Nadur carnival. Nine were detained, the majority on drug-related offences.
Since January, the Armed Forces of Malta (AFM) have already set up 25 vehicle check points, checking 295 cars that led to 28 individuals being detained - 14 for traffic contraventions and 14 on drug-related arrests. The detentions amount to less than 10 per cent of cars checked.
The AFM defend the necessity for setting up vehicle check points as "efficient" in law enforcement and crime fighting, particularly drugs. But critics argue that indiscriminate roadblocks are an invasion of civil liberties which is not permitted in the majority of European countries.
The number of people detained during vehicle check points held last year amounts to about 5.8 per cent of people checked, which is a generous figure since it is based on the assumption that each car held carried just one passenger.
According to the law, those tasked with law enforcement should only stop vehicles and search passengers if they have "reasonable suspicion" that an individual has or is about to commit a crime. But, in reality, individuals who have questioned an officer's grounds have ended up in court charged with obstructing a police officer in the execution of his duty.
Lawyer Joseph Giglio told The Sunday Times: "Experience teaches us that where people have dared to protest they were eventually charged in court with having interfered or tried to influence people carrying out their duties, and this is precisely why the legislative framework at the moment and the way it is implemented is clearly not sufficient."
Road checks may be conducted by the police or the army whenever there are reasonable grounds for suspicion that a search may lead to any of a number of scenarios contemplated by the law, including the possible discovery of something prohibited (such as drugs) or the violation of traffic regulations (such as drink-driving). These two reasons could explain the presence of road checks when large activities take place.
Although "reasonable suspicion" is a condition, there is no hard and fast rule on who may be stopped. Once the road check has been authorised by a high ranking officer, it all boils down to the discretion of the person carrying out the exercise.
"Although it is a good thing to have laws to prevent crime, I think an ordinary citizen should be given adequate and effective remedies to seek redress if there is an abuse in the exercise of these powers," Dr Giglio said.
"A remedy does exist because if you are claiming that you were stopped for no reason, you could sue for breach of human rights but in reality these are not adequate or effective enough. They do not serve as sufficient deterrent for abuse."
According to the police code of ethics, officers must abide by three main principles, namely: that no one is above the law; human dignity is to be respected at all times in all circumstances; and they should protect and respect the fundamental and human rights of all individuals.
Failure to abide by these principles could lead not only to disciplinary but also to criminal proceedings.
Unlawful or unnecessary exercise of authority, without good and sufficient cause constitutes an offence against discipline in terms of the Police Act. This applies without any exception in the case of road checks as well, lawyer Emmanuel Mallia said.
But in practice, there is a serious risk of arbitrariness in the granting of such broad discretions to a police officer and it could also seriously increase the risk of discrimination.
Dr Mallia said it was essential that these powers be proportional and reasonably justified, and incorporated within a system of checks and balances which reduced the risk that the individual suffered breach of his human rights by ending up at the mercy of a police's discretionary powers.
"Allowing the police to treat everyone like criminals will not necessarily lead to stopping the few individuals who want to commit a crime," Dr Mallia said.
"Our relevant legal provisions on the powers of stop and search due to the requirement of reasonable suspicion seem to provide for a balance between the liberty and security of the citizens, yet it is not a guarantee that citizens will be adequately safeguarded against abuse and intimidation while these powers are exercised," he added.
Maltese law contrasts sharply with similar legislation in the UK that regulates police powers to stop and search. While English law states that reasonable suspicion depends on the circumstances in each case, it specifies that "there must be an objective basis for that suspicion based on facts, information, and / or intelligence".
It also stipulates that reasonable suspicion can never be supported on the basis of personal factors but must rely on information about, or some specific behaviour by, the person concerned.
The AFM said their personnel were trained to follow standard operating procedures and rules of engagement in line with international practice, which ensure a uniform common standard in the performance of this task.
The army also stated that vehicle checkpoints are conducted appropriately when and where required in support of the local law enforcement authorities and discretion is applied when sampling vehicles or people who are checked.
Questions sent to the police to explain their code of conduct when searching people and the precautions taken to ensure civil liberties are not infringed were not answered at the time of going to print.
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Ivan Mifsud
Mar 22nd 2010, 15:29
I think we are taking the privacy issue too far now. The Police and Army should be allowed to get on with their job.
Maria Pia Grixti
Feb 23rd 2010, 20:51
For the record, Ms Caroline Muscat, the appropriate term is 'vehicle check point', not 'roadblock'. Army and Police personnel carry out their routine duties, which they have every legal right to do, and which, may I add, produces positive results in terms of law and order. And suddenly we are questioning whether they have a right to carry out their duties?? I honestly don't know what is happening in this country!
D Phillips
Feb 23rd 2010, 16:25
Surely, even not withstanding the civil liberties aspect of it, I’m not sure that going after the users, using totally random stop and searches is really going to make a huge difference to the drug trade. Would it not make more sense to gather intelligence and specifically target importers and large scale distributers, rather than wasting resources on putting the army on the streets to catch half a dozen 16 year olds with a joint.
M.Gauci
Feb 23rd 2010, 14:35
Can anybody,hand on heart really say that our police force or armed forces are well trained for such work.
If yes please give details.
Ben Cassar
Feb 23rd 2010, 12:23
"@ Robert Aguis, Very true,
Also the fact that a substance or product or anything really for the matter, is made illegal this is what makes the modern day Gangster or 'G' rich. Not legalize but TOLERATE (theres a difference) certain things, this is the only way to really stop drug dealers. Pulling over and arresting a stoner who isnt even stoned while driving on their way to gozo is very silly, Its a proven fact that 89% of smokers of canabis are still successful in life.
Also we all know about how malta relies on tourism (mostly) can you imagine the increase we will have?? who knows maybe our roads will be taken care of!
ray sacco
Feb 23rd 2010, 08:39
@ paul smith:
ofcourse, such things do not happen on your green and pleasant land. but your green and pleasant land materialized them on other lands like ireland, india and our not so green island to mention only a few! from where do you think this behaviour is inherited from..............colonialism arrogance!
j camilleri
Feb 23rd 2010, 08:36
Haven't you ever heard the story of a woman hiding drugs in a stuffed baby? So why are you so surprised if they had to bring kids down the car. Abusers can do anything and go far with their evil hobby. Useless blabbing that this was not right. You would never fool around abroad if they need to do a road block. Keep it up AFM and next time invest in blankets to cover kids and dogs for faster results.
Antoine Psaila
Feb 22nd 2010, 18:00
Thanks to the Armed Forces of Malta and the Police for keeping us safe! Those who are against the roadblocks have something to hide! In other countries these things are much harder but in Malta we don't like discipline and order and tha'ts why our country is far behind others!
M Micallef
Feb 22nd 2010, 17:43
This has to be tackled on a legislative level and not on a public level and is highly irresponsible to put on the press. Now police have to be careful lest someone starts waving human rights at them for simply asking some questions and searching the car because a lawyer said so! I have absolutely no problem for the police and AFM to search me and my car as i have nothing to hide as long that it's done professionally and courteously. I have also had no problem in letting the officers know if this was the wasn't the case and the quickly apologised and continued their work.
E.Schembri
Feb 22nd 2010, 13:00
@S Atlamyob
You are so wrong. The car is not your private space as your home is!
In fact, it is against the law to stay nude in your car, sleep in your car and perform sexual acts in your car. All of these can be done in privacy of your home. So the police/AFM have every right to search your car without a warrant!
I also agree with this practice as long as the AFM/Police are respectful and polite and use a female officer to search the ladies.
I have been in many roadblocks and have nothing to shame for as I never had anything illegal. The only people who don't agree with these practices are the one who have something to hide, otherwise the the AFM are just protecting our own selves.
Well done to the AFM/police.
Robert Agius
Feb 22nd 2010, 12:11
@ MA Vella
How many drug dealers have they caught with these roadblocks? Its drug users (that doesn't mean they are under the influence while driving though) that are targeted and that is HUGE difference.
R.Gauci
Feb 22nd 2010, 12:05
@ Paul Smith
Sorry mate to contradict you but you forget to mention something in your blog, that is in every City andTown of the UK is full of fixed CCTV Cameras everywhere you go and not only you have these mobile ones which are fixed on police Vans which go up (like the periscope on a submarine) from which they can observe the movements of people in a vast area!!
I live in the Repubic of Ireland now and althought you might find some cameras in the City Centres its not as in the UK and they still use road blocks to stop check and search for any law breaking or criminal activity the difference they are not so heavily armed as is the case
In Malta as you are stopped by Uniformed or plain clothes Garda (Police)
In a way I prefer to be stopped once or twice or more a year and checked since I don't have nothing to hide from the law then being observed in everywhere and everything I do !
AFM should restrict the holding of rifles to the hidden soldiers only in these road blocks in all keep it up for the work
j.zammit
Feb 22nd 2010, 11:30
Even if it takes stopping a 100 cars to find just one offender I can accept waiting an extra 5 minutes for the cops/army to do their job... Actually was happy to see that over the past weekend there were more cars stopped on the side of the road with traffic police giving out fines...
Over the past weekend I drove past 2 road blocks and did not have to wait for more that a minute. I'm still trying to understand what the complaining is all about.
If you aint ready to wait you got a problem if you've got a problem you deserve being stopped...
Carmel Cilia
Feb 22nd 2010, 11:20
The frequent roadblooks may be the result of the police having lost face in failing to solve quite a considerable number of hold ups etc. I do not know but when our forces have to face professionals they do not seem to be doing as well as expected. I hope they are not taking their vengeance on common innocent citizens. Are these the new human rights we have garnished since we joined the E.U.
By the way the old things which were so much detested under the labour administration of the 80' seem to be repeating themselves in all spheres of life. One wonders what next!
A.Borg
Feb 22nd 2010, 10:35
Jekk il-puluzija/l-armata iridu jaqbdu hafna nies bid drogi nistidinom imorru fil 'parties' kbar li jsiru matul is sena..... Hemhekk kemm iridu jsibu
Matthew Scicluna
Feb 22nd 2010, 10:03
Jien naqbel perfettament mar-road blocks u gieli waqfuni u qatt ma kelli problemi. Biss l-atitudni li jiehdu is-suldati jew il puluzija tiddependi hafna mill kazi kif ikun qed isir ir-road block. Meta iwaqqfuk ikunu suldati biss 99% tad-drabi ikunu hafna edukati, jitkellmu mieghek b'mod li juri li jkunu qed jaghmlu xogholhom b'serjeta kif ghandu jkun, izda flistess hin qatt ma rajt abbuz minn naha taghhom. Meta jinzerta jkun roadblock tal puluzija hafna drabi listess ikun avolja puluzija ghandhom habta ikunu kemm xejn arroganti xi drabi. L-aghar sitwazzjoni possibli hija meta ikun roadblock li jinvolvi puluzija u suldati. Il problema hija li qisu jkun emm kompetizzjoni bejniethom min se jitkessah u jdahhaq liktar..... ma nistax nifhem ghal liema raguni jigri ekk...... qisu bil pika bejniethom min jabbuza liktar u min liktar ikun arroganti. Il bqija ma emmx xi tgerger meta jkunu puluzija jew suldati wahedhom no problem, meta jintaqaw tal biki.
Mark Galea
Feb 22nd 2010, 10:01
seems that quite a number of 16 year olds do not like roadblocks - that is why they are writing comments - i presume that some of them have something to hide ... by the way, it is not the first time i was stopped at a roadblock, and i never had any problems. Once they even searched my car. I just stood nearby, laughing, since my car was in a mess ... and told the soldier involved that he had a hard task ahead ... by the way, I had nothing to hide.
Muscat. Pat
Feb 22nd 2010, 08:55
Friends of mine were subjected to an other kind of abuse. The parkings slots at Cirkewwa have a time limit of 30 minutes. The sign is 50 metres away from the slots so that the warden makes his employer and the Mellieha mayor happy with the cash traps implanted there. Can any one believe it? Instead of encouraging people not to cross over to Gozo with their cars, the "authorities" actually fine them ! Only in Malta!
A. Borg
Feb 22nd 2010, 06:15
Claris Galea,
Hemm mod u mod kif taghmel tfittxija f'roadblock imma li tnizzel zewgt itfal fi 1am f'kesha tremenda minn karozza ma nahsiebx huwa l-ahjar mod! Barra li twerwru kif raw dawk is-suldati armati mat-tieqa.
George Vella
Feb 22nd 2010, 02:08
@ AFM
You are doing a great job, thanks to you and to those who order you on this VERY sensitive duty.
I know that innocent passers-by and drivers are embarrased by you action, ... but that is the only way crime is being checked.
KEEP IT UP!
Matthew Agius
Feb 22nd 2010, 01:45
Let's stop making fuss out of nothing. Is there anything concrete? Did they actually abuse anyone?
Let's thank these boys for the work they do...maybe with some more support by the public we can give them the courage to keep our streets clean.
M.A.Vella
Feb 21st 2010, 21:21
Drugs dealers have no laws and we expect the army-which is doing a great job- to be nice as well??? come on, maybe we should even start asking them for a cappucino too!!!
The Army is doing what should be done and the amry needs be a detterant even in its appearance.
Marcel Ellis
Feb 21st 2010, 21:00
@Paul Smith. Mr. Smith, with all due respect the police in the UK have the right to not only use road blocks but also stop pedestrians and frisk search them if they have reason to believe a person suspicious. Frankly I would much rather live in a society where I know that there are less drunk drivers or doped drivers on the streets because or road blocks, so to be honest, as long as the police and army are polite and respectful during their work (which they normally are) I have absolutely no objection to a few random road blocks.
S Atlamyob
Feb 21st 2010, 20:44
".@Paul Smith, You are 100% CORRECT on all points.
The points that others are missing is that unlawful search and seizure is a breech of basic human rights. No ifs, buts, about it.
Cigarettes and alcohol are the killer drugs, but I bet one could smoke a cancer-stick right in front of the "androids" in fatigues.
Cellphones were illegally disallowed, because they would capture the true illegal activity, "search and seizure without due cause"...
@Those who justify illegal search and seizures, and claim "not to have anything to hide", on the bases that authorities sometimes find someone who has a joint, or roach in their possession, how would you like it if and when this type of illegal activity is extended to your homes and your family's homes @ 3am in the morning, and your kid's classroom, or at church or other place of worship?
If one dealt in drugs other than cigarettes, one would not use civilian cars, motorcycles or any thing that would be subject to third world interrogation techniques. one might use a local Church and for mobility one could easily use PM or police-cars.
Israeli-Palestinian tactics deter legitimate International-trade not drugs.
"NOW THERE’S YA PROBLEM LADY”.
S. Zammit
Feb 21st 2010, 19:11
What's this big deal all about? In Italy it happens all the time, only their civilian soldiers are called Carabinieri and they wear a nicer uniform.
Jim Hamilton
Feb 21st 2010, 18:56
@Paul Smith,
I think that you are being rather naïve if you think that your “green and pleasant land” doesn’t carry out such acts.
May I suggest that you read the latest Home Office manifesto with regards to stop and search..... I’m sure that you will be quite surprised as to what’s going on in your country.
The reason that the AFM is used for stop and search in this country is quite simple really, it’s because we can....... We are small enough to utilise the forces in this way and it’s proved to be very effective so far.
If you don't carry drugs then you have nothing to worry about.
I back the police and the army 100%......... Anything to stop this scourge
J S Borg
Feb 21st 2010, 18:55
So I am a bezzul because I was body searched in Switzerland, Australia and Germany. Moreoever what about security personnel, police and military roaming around in major points and cities?
Charles Falzon
Feb 21st 2010, 18:46
To all Police and Army personnel on road-block duties, keep up the good work.
Nathan Young
Feb 21st 2010, 18:21
@Paul Smith
Yes things are black and white in the U.K. The police stop black people and are immediately accused of racism.stop a white person and they can not protest. More crimes are committed by young blacks but the police are not allowed to say this. A former top ranking policeman with the Met. did tell the truth about this but he was quickly silenced by the government.
Drugs are lethal and ALL methods should be used to prevent their distribution.
,
mario gauci
Feb 21st 2010, 18:08
My only complaint about road blocks is that there are not enough of them.
Carry on Police and AFM. Honest citizens have nothing to worry about during road blocks, I have always found the officers well mannered and efficient.
Martin Galea
Feb 21st 2010, 18:03
Funny isn't it how everything is politicised. Sorry Mr Farrugia, but roadblocks have nothing to do with politics, unless you call obeying the lawful orders of the government of the day political. As I said, the power to act as police and customs officers, was enacted via a Legal Notice which came out in 1980. And I recall doing roadblocks from 1996 to 1998. Who was in power then? And in 1980? Please! I'm not trying to convince anybody, but as I said in my earlier comment, just clarifying misconceptions. It is annoying to be stopped. It is also annoying to stop. But, what can a uniformed member do when given a legitimate order, especially when you are out there, trying to stop drugs, and unregistered, or stolen vehicles? I always found it uncomfortable going out there doing something which was distinctly unsoldierlike, but, it was legal, there was a reason, and we were doing some good, what little it was. Mind you, that little, did involve getting illegal firearms as well as stolen vehicles, underage drivers, drunk drivers, unregistered vehicles, apart from drugs, off the road, so I guess in a way, for me it was worth it.
Paul Smith
Feb 21st 2010, 17:20
J Oatmon
So the AFM dont have friends and family and are androids pre-programed by the Stasi?
Paul Smith
Feb 21st 2010, 17:10
I am very glad i live in a country where the laws are black and white on such things as this (UK)
I would be very alarmed and so would the 60 million people that live in our Green and pleasant land if soldiers where on our streets stopping people and searching them. This must be a massive breach of EU human rights laws and should be investigated. You see incidents like this in the middle East under dictators, this is shameful and should not be going on in a so called modern democracy. For sure we have problems with drugs, alcohol and violence just like all countries, but this is not the way to go about things. Start looking at the big drug dealers - the ones with a licence to sell alcohol and tobacco - this kind of going on only serves to prove you are not a free country.
Robert Agius
Feb 21st 2010, 17:06
@J Oatmon
Yeah, efficient ways of enforcing drug laws to the common folk and to make headlines to please the other common folk who are fooled into thinking that things are actually happening and the war on drugs is actually being fought. Too much money and powerful people involved. These roadblocks are nothing but a publicity stunt. Checks for drunk driving - YES. Roadblocks to make Police and Army look good - NO!
Albert Farrugia
Feb 21st 2010, 16:46
OK, after having read comments from Messers. Martin Galea, J. Oatmen, Renald Williams...I am now convinced....KEEP IT UP BOYS....KEEP IT UP PN GOVERMENT....search us right out of our underpants.....search us everywhere....down with drugs....down with civil liberties...they only keep the criminals running free...organise searches in every house...on every man, woman and child in this country......let us make our country safe....let us be done with this "civil liberties" nonsense....actually...down with an elected government...please AFM oganise a coup d´etat....take over the government...yes...oh how i am convinced.
Nathan Young
Feb 21st 2010, 16:46
@John Borg
It is obvious why you are not permitted to use your mobile phone at a roadblock.The call could be to someone else carrying drugs to warn them to avoid the checkpoint.
J Oatmon
Feb 21st 2010, 15:27
These AFM roadblocks are the only reliable way to enforce drug laws and vehicle laws, as the police have too many 'friends' and 'family' to be efficient. The police cannot even enforce drunk driving laws or smoking laws for example.
I as an honest person applaud the actions of the AFM and I hope they continue to catch the druggies and uninsured prohibited drivers etc.
Keep up the good work you get my vote everytime, if I get styopped I am legal so what do I have to complain about - nothing!
Jeremy J Camilleri
Feb 21st 2010, 15:25
Savior....I doubt whether there is anyone out ther who has never been stopped in a road block in Malta...So that must make you unique...
So I deduce...
You are either 10 years old...
You don't drive,
or you look like a Cherubim...
Wilfred L Camilleri
Feb 21st 2010, 15:24
This is the only so-called democratic country where road blocks are used indiscriminately. Police checks are used in other countries to check for drunk drivers during festive seasons but in no case that I know of are the armed forces used for such checks. If the police have a reasonable suspicion of illegalities then they should use road checks but otherwise it is abuse of power, intimidation, and outright banal especially in a country that relies on tourism.
renald williams
Feb 21st 2010, 14:32
boys in blue and green, keep it up and thanks, well done for our security, peace and health to all
Martin Galea
Feb 21st 2010, 14:30
Hmm, let me see. A lot of people are saying that these vehicle check points are illegal. Well, although I admit that they are a pain for everybody, including the people conducting them (I know, I used to be one of them), I beg to differ regarding the illegality of these VCPs. First of all, there IS a reasonable suspicion, ie that drugs are being transported (arrests are and were made to this effect). Secondly, Legal Notice 66 of 1980 allows AFM members to act as Police or Customs officers when the situation so warrants. In addition, the Laws of Malta (Malta Armed Forces Act), state (and here I paraphrase), that an officer (2nd Lieutenant and above), or Warrant Officer (Class 1 or 2), may perform or permit searches and arrests upon a commision of a crime, or the attempted commission of a crime. The transport of drugs, even cannabis, in Malta, whether you agree or not with the law, is illegal. So, I'm afraid to say, that saying that the searches are illegal, is simply wishful thinking, until such time as the aforementioned laws are repealed! This is written just to clarify some apparent misconceptions.
Claris Galea
Feb 21st 2010, 14:29
@T Dimech
As if drug barons do not have children and wives ?
In America drug "mules " as they are called range from 10 year old children to 70 year old grandmas .
I support , even if I have been on the wrong side , any effort to control the drug trade which in the end is ruining the country . If you have nothing to hide , and the police follow good conduct, you should not hinder an officer in doing his duty ......safegaurding your childrens future and their environment.
The fact that these roadblocks yield results should prove their effectiveness .
In Malta we complain when its cold and we complain when its hot .
Havind said that , I have my doubts about the legal rights of a soldier to do a search on my car during peacetime ??? A Policeman is another matter.
I am however in favour of roadblocks as a deterrent to drink driving and drug abuse .
I have a friend , who has had his life ruined , when a drunk driver killed his parent while walking on the pavement .
Lets hope that nothing of this sort happens to
Albert Farrugia
Feb 21st 2010, 14:27
Dear Dr Carm Mifsud Bonnici....you or your advisers are reading this,,,,come on....REACT.....wake up....are you for a police state or not.....the responsibility lies on your shoulders...not on the individual members of the AFM who are ordinary workers obeying orders. YOU ARE RESPONSBLE....WAKE UP!!!!!
Ernest Vella
Feb 21st 2010, 14:03
Ir-Road Blocks ghandhom jibqghu isiru ghax hekk biss forsi nnaddfu l-Malta mid-droga u mill-kriminalita organizzata...forsi jsiru b'mod naqra iktar dinjituz u jaghrfu c-cirkostanza ta' kull karrozza u persuna li jkun hemm fiha. Jiena qatt ma ltqajt ma road block fejn gejt imwaqqaf biex jiccekjawni, u ma nsib l-ebda problema jekk iwaqqfuni. M'ghandiex x'nahbi!!! Hija haga sabiha li tara l-prezenza tal-pulizija u ta l-armata fit-toroq taghna, ghax inhossni iktar safe...Grazzi lill-Forzi tal-Ordni tax-xoghol kbir li qed jaghmlu kultant b'nuqqas ta rizorsi.
Tant mhux abbuzz ta poter li nqabdu 14 il-persuna bid-droga...u b'hekk forsi salvaw hajjet dawn il-persuni jew persuni ohra li setghu jixtru din id-droga...Prosit u Keep it Up...Il-Ligi jibza minnha min jiksirha u mhux min jobdiha...min hu arroganti u mhux min hu persuna civili u edukata
L. Brincat
Feb 21st 2010, 13:45
Last September I was stopped in an AFM roadblock and was searched. After they searched on my body & wallet, they gave me the wallet back open, and a couple of cents fell out of it. When the soldier heard a thump on the floor he accused me of throwing drugs out of the wallet (reminder: I was already been searched, including my wallet)... and was going to get detained.
I spent 15 minutes arguing with him and demanding to talk to a person in charge of the road block but the soldier kept insisting that he saw me throwing something on the floor. Then the officer in charge came and searched on the ground, only to find that there were only money and a piece of something which was already on the floor and according to this soldier was mistaken for drugs. And I was let go.
I really felt humiliated that night being accused for carrying drugs when I am, and always been a clean person!
Where are the human rights? ... Is the police/soldier code of ethics respected by themselves? NO!
Saviour Sam Agius
Feb 21st 2010, 13:40
@Jeremy: I have long hair too and I was never stopped in a roadblock in my life.
J. J. Borg
Feb 21st 2010, 13:40
There is only one solution to abuse of power by the authorities. Sue them - all to way to the European courts if necessary. But in order to do that, lawyers such as Joseph Giglio must volunteer some of their time and expertise to the service of the public.
Peter Sammut
Feb 21st 2010, 13:33
Congratulations! Malta now has been promoted to the first steps in Martial Law! A La Robert Mugabe.
frank grech
Feb 21st 2010, 13:26
it is better if we start giving the police and soldiers some real courses in the basics of courtesy
when dealing with us citizens. The attitude of some officers in uniform is quite shocking and if you dare to protest you are up against ' might is right'
Albert Farrugia
Feb 21st 2010, 13:24
What makes me wonder is why is all this fuss being kicked up now...this has been going on for decades...still, better late then never that the people of Malta wake up from their slumber and begin to realise that they can do something about it and not just accept life in a Police State as if it were the natural order of things.
How about publicizing what happens here in European Fora? Anyone who has foriegn friends should tell them what happens here. This might wake up the parl. sec. for tourism and take some action.
Surely it is not acceptble that in a EU state, with blue, starry flags fluttering at every corner that citizens, who are NOT under suspicion, should be subjected to a humiliating search on their vehicle AND ON THEIR PERSON by a fully armed MILITARY group..as if that citizen is under suspicion of placing a bomb at Kastilja....
Clifton Gilford
Feb 21st 2010, 13:23
I agree with road blocks to a certain point/level. But anyway I think the government should reinforce the AFM to seize those big drug dealers hanging around, If they have the guts!!!!!. Open your eyes guys these does not meet at night it’s pretty much clear…………
D. A . Agius
Feb 21st 2010, 12:50
@Joseph ( Joe ) Grima
"Police State"????? This country?? You must be joking. If it was a functioning Police State at least we would not have the situation we have today with regards to drugs, driving and theft etc.
We have a "Selective Policing State" which is unaccountable to all. It means the Police will move according to what fancies the top brass as they are unable to take any initiative on their own due to them being abused and bullied in many ways (denying union rights being one of them and to further the power in the top brass) and when the top brass fancies to do something does it in the most UNPROFESSIONAL way.
Do we remember the Lap dancing raids? Do we remember mass overstaying foreigners raids? Do we remember some other large scale gaffes by the Police Administration ? Yes, and lots of them.
And nonetheless the top brass still maintains their normal way of doing things. Unaccountable. So much they need to be unaccountable, they didn't even reply to the Times. In today's newspaper I've already counted it twice written in two instances.
A. Borg
Feb 21st 2010, 12:46
Ir-road block ghandu jsir jekk ikun hemm suspett ragonevoli li qed tinkissr il-ligi.
Xi snin ilu kont gej minn riceviment ta tieg xi 1am mal-mara u z-zewg uliedi li kienu ghadhom zghar u gejt imwaqqaf minn roadblock tas-suldati l-Marsa. Riduna ninzlu mill-karozza f'kesha ixxoqq l-ghadam f.nofs Jannar! Jien oggezzjonajt bil-qawwa u konna lesti ninzlu l-mara u jien jekk riedu jfittxu imma mhux innizlu liz-zewg uliedna li kellhom inqas minn ghaxar snin f'dik il-kesha! Ghidt lil min kien inkarrigat li jien kont ser insuq lejn l-Ghassa ta Rahal Gdid ,kif fil-fatt ghamilt u jekk iridu jigu jfittxu fil-vettura hemm. Imqar liz-zewg uliedi indahhalhom l-ghassa. Issa dan mhux abbuz ta poter? X'suspett se kellhom minni li kont bil-familja gej minn tieg?
J. Debono
Feb 21st 2010, 12:38
I have nothing to hide, therefore I am all in favour of these roadblocks,
even if they detained only 1 person for drug related arrest, let alone 14.
If I think their method and manners are unprofessional, I will simply refuse to let them search me, without the presence of a lawyer.
Marius Zulgis
Feb 21st 2010, 12:31
Intelligent, targeted policing of population is to be commended by all. Pot-luck persecution however is not and, coupled with the heavy-handed tactics used by the AFM makes some aspects of the way this administration controls the population reminiscent of the Stasi. Man-hours wasted smoking endless cigarettes at roadblocks waiting for patsies could surely be better utilised in endless other ways.
james grech
Feb 21st 2010, 12:31
From some research I made on the web (especially on you tube there are some videos put up by lawyers) I learnt that people who are stopped by police for example, can refuse to give consent for a search in ones car (which is ones private property) unless the office has a specific warrant to do so. This seems to be very important right we have coupled with a bigger right of NOT SPEAKING TO THE POLICE.
Issa my research is foreign based. Is there some lawyer reading this which can confirm whether this applies to Malta (not speaking to police/army and not consenting a search without a warrant)??
Tipo Army ropad blocks have a warrant that allows them to search anyone they want and we have no righ not to speak to them and not consent them to enter our car and personal search?
Joseph ( Joe ) Grima
Feb 21st 2010, 12:22
Pt 2. The Army is brought in when the need to raise the levels fo fear is necessary. I doubt if army personnel have any training in conducting searches on private citizens or whether they are influenced by television dramas like CSI and Criminal Minds when they ask individuals to spread their arms and legs. The fight against drugs has to be conducted at all levels not just at the visble level of roadblocks. I never got the impression that this government is doing enough to combat the sale and distribution of drugs. However one can rest assured that if there is a photo op, such as a roadblock , the prsss will be there and the Minister will be asked for his commnents . sooner or later,
Mark Borg
Feb 21st 2010, 12:18
I do not go to big events so as to avoid these irritating, embarassing, abusive roadblocks. Go to private parties ppl and avoid them. Also do not pass from main roads, if you don't want to be abused and humiliated ofcourse.
david calleja urry
Feb 21st 2010, 12:16
I have absolutley NO problem at all with roadblocks, checks etc.... BUT - i DO object to being stopped by soldiers - no matter which compant they come from, and I DO object to aggressive attitudes. These roadblocks should be manned by police - and, unless there is aggression or resistance from the stopped parties, should be conducted in a polite, civil manner. Soldiers and police have different - totally different actually - roles to perform.
Ramon Mizzi
Feb 21st 2010, 12:08
WOW, things still amaze me to disbelief. So these dreaded road blocks started again? Do the police or the AFM have nothing to do? This is clearly breach of Human Rights. The government wants to bully the Maltese people now? Malta is clearly on its way to becoming a Police State. Have traveled all around the western world mostly around the EU and have never been through a road block for nothing and if there was, they clearly marked why they will search or check every car. Forget this in Malta, because the Police and AFM have a might is right mentality and god forbid you talk to protect your civil liberty because they you become a criminal and get arrested. Police Commissioner, get a grip and think outside to box if you want to bust criminals, clearly road blocks are a waste of Tax Payers money. The tax payers money should be invested in training the police on how to deal with the public because the amount of rudeness I experienced from Maltese officers is shocking.
Paul Barrett
Feb 21st 2010, 12:00
Fifteen minutes for a car and occupants to be searched is far to long and oppressive. Like it or not, the USA Army had an excellent method of searching for drugs which took seconds - they used a trained dog which took one sniff at an open door of a vehicle (you did not even have to get out) and then you could move on. Also they did 100% at a checkpoint so there was no discrimination.
Joseph ( Joe ) Grima
Feb 21st 2010, 11:28
In my opinion. the concentrated attack on freedom of speech and of experession which started with the play "Stitching" and which is now widesperead brings one to the conclusion that an adminstration clampdown is in place on any form of criticism and expression that does not conform to Gonzi's (self expressed Roi Soleil) own chosen church-going lifestyle. This repeated insertion of the police in the daily lives of people has already turned this country into what is rapidly resembling a police state. The hamfisted approach of some over-zealous police officers towards innocent citizens has always been there. That brought about a national diffidence and a very low esteem of anything connected with police work. This story simply confirms the obvious to any observer. My view is that the plan is to instil fear in the poplulation in order to browbeat our people into submission. It will not happen. The people are no longer on their own. Gonzi and his henchmen will be resisted.
Jeremy J Camilleri
Feb 21st 2010, 11:04
I am stopped in EVERY road block...but They might be right..as they have reason to be suspicious....I have long hair you see....
John Borg
Feb 21st 2010, 11:04
Without in any way being against roadblocks and searches of these types, I cannot not show my dissapproval to some of the methods used. My 18 year old son and his friends were stopped near Cirkewwa for a random search. So far so good. They all obeyed instructions given to them by the soldiers, who were far too assertive and aggresive in their approach. These boys had not committed any crime, yet they were subject to conditions as if under arrest! They were ordered not to answer their mobile phones throughout the 15 minutes or so it took to conduct a very intensive body search. I find this an abuse of power and a serious breach of human rights, as these boys were not under arrest or detained in any way. As a father of teenage boys, I am all in favour of these searches as they are a deterrant to abuse etc, but I cannot condone situations where young teanagers are provoked into incidents such as these. Had it been me who was being searched, I would have answered my phone as it is my right to do so, at my risk of being detained.
j abela
Feb 21st 2010, 10:53
it is incredible!!!! first we argue that law is not being enfoeced and now we argue that if chek ups are carried out, human rights are violated.
no gents, more roadblocks should be put on even during dat time
Albert Zammit
Feb 21st 2010, 10:53
"The AFM defend the necessity for setting up vehicle check points as "efficient" in law enforcement and crime fighting, particularly drugs."
Really? Well then let me suggest an even more efficient method....lets begin making random, systematic checks on each and every household in Malta....why not? Surely it would be an even more efficient way then just checking randomly in cars, right? Ejja, Dr Carm Mifsud Bonnici, or Gonzi, or whoever, find the guts to order this...