Minor's questioning violates his rights

The interrogation of a minor who was not assisted by a lawyer violated his fundamental human rights.

The accused, now 21, had been arraigned in the Magistrates' Court last November on charges of drug possession. He was 17 when he allegedly committed the crime but he was arrested last year.

During the proceedings, the prosecution declared that the only evidence against him was a statement he had released to the police. At that point, his lawyer, Franco Debono, argued that his client's human rights had been violated because he had not had legal representation when questioned.

The matter was then referred to the First Hall of the Civil Court and Mr Justice Joseph Azzopardi delivered judgment yesterday.

The accused had no criminal record when he was arrested and Mr Justice Azzopardi pointed out that, even though the minor did not allege any maltreatment during interrogation, it was clear that an under-aged person, arrested for the first time, would be intimidated by the police while in an alien environment.

The judge said it was not correct for such a minor to be interrogated when he was not assisted by a lawyer and added that in certain countries it was illegal to question a minor who was not accompanied by his legal guardian.

The court ruled that the minor's human rights had been violated and remitted the case to the Magistrates' Court for continuation.