The heir of a man who died in prison after he was administered a double dose of methadone filed a Constitutional application claiming violation of human rights.

Carlos Chetcuti was treated for drug addiction in prison and was regularly administered methadone. He died on February 22, 1995 due to a pulmonary oedema after he was administered a double dose.

Mr Chetcuti’s heir had proceeded with a civil case for damages and was awarded €38,213.

In the Constitutional application, signed by Joseph Gatt and David Camilleri, the application is claiming violation of the protection to life since a state had to ensure a proper system of care and could not actively participate in the killing of a person.

The applicant is alleging that the state failed on both counts since the nurse who administered the fatal dose could be construed to be an agent of the state.

The applicant is also claiming that the fact that the Civil Code did not provide for moral damages was in breach of the Human Rights Convention.