A constitutional court yesterday declared that the fundamental human rights of an 18-year-old man were violated when he was denied access to a lawyer following his arrest.
Mr Justice Raymond C. Pace delivered the judgment following a constitutional reference made by the Magistrates’ Court during hearings on charges against Alvin Privitera.
Mr Privitera had been arraigned on drug charges in April 2009 but his lawyer, Franco Debono, challenged the fact that his client was denied access to a lawyer, insisting it was breach of his right to a fair hearing.
The presiding magistrate referred the matter to the First Hall of the Civil Court for a decision on the constitutional issue raised.
Mr Privitera had been arrested in his home in Fgura in April 2007 and was immediately interrogated. The questioning continued at the Police General Headquarters, in Floriana, and took a number of sessions. But at no point was Mr Privitera assisted by a lawyer.
Mr Justice Pace commented on the fact that the teenager had been subjected to a strip search in his home in the presence of a number of police officers, arguing that the situation left such an impression on him it appeared he had, as a consequence, made a statement to the police.
He also pointed out that Mr Privitera was left in a holding cell for 17 hours when he was taken to the police headquarters before he was interrogated, without him being given an explanation for his arrest or told about the seriousness of the charges being brought against him.
Mr Privitera’s statement to the police had to be considered in the light of these facts and also the fact that this had been his first encounter with the police, the judge pointed out. The court ruled that case law of the European Court of Human Rights had established that the right to a fair hearing required that the accused be given the benefit of the assistance of a lawyer, even at the initial stages of police interrogation. The lack of such assistance would constitute a restriction of the defence rights of the accused.
The judge pointed out that the criminal proceedings against Mr Privitera were still under way. However, there was no need to wait for a final judgment in such proceedings in order for the court to examine the constitutional issues.
At the time of Mr Privitera’s arrest, Maltese law made absolutely no provision for an accused person to be assisted by a lawyer during police interrogation. The position changed with the enactment of a legal notice earlier this year giving the arrested person access to a lawyer.
In conclusion, Mr Justice Pace declared that the fact that the accused had not been assisted by a lawyer was in violation of his fundamental human rights. The court ordered that a copy of the judgment be sent to the Magistrates’ Court hearing Mr Privitera’s criminal case.
Lawyer Therese Commodini Cachia appeared for Mr Privitera in the constitutional case.