Call for release of suspect from detention

The Attorney General has filed a judicial application for the release of a suspected drug trafficker whose detention was judged to be a breach of human rights by the European court.

The application to set Lawrence Gatt free was filed on Friday – the same day his defence counsel, José Herrera, called a press conference to accuse the government of not following the ruling of the European Court of Human Rights.

The case dates back to 2001, when Mr Gatt, 63, of Senglea, was charged with drug trafficking and was granted bail against a personal guarantee of €23,300. He was placed under house arrest with restrictions on leaving his residence.

However, he breached those conditions and a court revoked his bail and ordered his re-arrest. Since he could not afford to pay the personal guarantee, the amount was converted into 2,000 days in prison.

Mr Gatt, who is still awaiting trial, appealed this ruling in the Maltese courts but lost and took the case to Europe.

In 2006, the Strasbourg court upheld his complaint ruling that his detention was “in flagrant breach” of his human rights. It pointed out that Mr Gatt had been under strict bail conditions for nearly five years, presumably without being able to earn a living, so he could not have been realistically expected to comply with the guarantee.

To fall in line with the European judgment, the Attorney General last week filed an urgent application requesting Mr Gatt’s release and for him to be placed under the same bail conditions imposed by the first court before he breached them.

As promised on Friday, Dr Herrera also filed a judicial application yesterday on behalf of his client, requesting his release so as to fall in line with the European judgment.