AG says he has no jursdiction on Aliyev case
The Deputy Attorney General told a court today that the Commissioner of Police had no jurisdiction to investigate former Kazakh diplomat Rahkat Aliyev because he is not a permanent resident in Malta.
Aliyev is wanted by his country in connection with the alleged murder of two persons and torturing others.
Lawyers Cedric and Malcolm Mifsud are appearing for two bodyguards who are claiming to have been tortured on instructions of Aliyev, who lives in Malta with his wife, who has Austrian citizenship. They had challenged the Police Commissioner to investigate their case in Malta.
dr Donatella Frendo Dimech explained said the Maltese authorities could not and would not harbour criminals, but investigations also had to be made in terms of the law. Aliuyev was not a permanent resident in Malta although he had a residence permit.
"We are not being evasive and not being sticklers for procedure, but we have to observe the law," she said.
She said that Aliyev had a residence permit because his wife has Austrian nationality. Not granting him a residence permit would have violated EU law
"All he has is freedom of movement I can't understand why we are being accused of giving him anything. Malta never shied away from its responsibilities and will never do."
Dr Joe Giglio, who is appearing for Aliyev, said his client was frustrated that his client could not answer the allegations being made in the newspapers.
Dr Giglio then protested to the court after somebody in the public gallery sitting with one of the bodyguards was seen taking a picture of him.
The magistrate warned that this was not allowed.
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Jay Oatmon
Nov 15th 2012, 19:21
Suspect decisions to avoid problems - how can it be the law that a non permanent resident person cannot be investigated - this is preposterous.
We have many cases of prosecutions of non residents - I seem to remember many non residents (Somalis, Eritreans etc recently actually jailed for rape?).
The Malta courts procedures apply to a different universe to the rest of us it seems.
Matt Boyle
Nov 15th 2012, 13:55
The Times article reports that person is “wanted by his country in connection with the alleged murder of two persons and torturing others”, which may be considered to fulfill the systematic element of the crime. Finally, it is worth recalling that States cannot invoke internal law (including on jurisdiction) to avoid international obligations.
Christian Sciberras
Nov 15th 2012, 15:32
Now try to explain that to our law courts, and the fact that their pay shouldn't really matter in this case........
Matt Boyle
Nov 15th 2012, 13:55
The ICTY Trial Chamber stated unequivocally in Furundzija “the prohibition of torture imposes upon States obligations erga omnes, that is, obligations owed towards all the other members of the international community” (at 151). Since Malta ratified the Rome Statute of the ICC (ICC Act, Chap 453) it has undertaken an international obligation to prosecute torture as a crime against humanity.
Matt Boyle
Nov 15th 2012, 13:54
While I am not familiar with either the facts or the circumstances of this case, the AG should reflect cautiously before shirking off this matter for lack of jurisdiction on the basis that the person is not a permanent resident in Malta.
Mr phil sam
Nov 15th 2012, 13:52
" She said that Aliyev had a residence permit because his wife has Austrian nationality. Not granting him a residence permit would have violated EU law ". So why the discrimination when it comes to other EU nationals, regarding residency , utility bills and bus fares ?.
J Martinelli
Nov 15th 2012, 16:10
There is a solution to your complaint re: utility bills and bus fares, Phil.
Just propose to Maltese nationals that they pay the higher rates charged to nonresidents and tourists.
The playing field would be even and the government would not have to subsidize Enemalta and Arriva.
After all, the higher rates reflect the true cost of the services provided.
Should non-taxpayers be subsidized too?
P Sciberras
Nov 15th 2012, 13:00
So now, acording to the AG,all those criminals who have committed these type of crimes such as in Libya, Syria,Egypt and the rest, can come to Malta and feel safe, as long as they keep a foriegn address.
Please choose the reason of your report below: