A Maltese businessman, wanted in Italy for allegedly smuggling more than 18,000kg of cigarettes, yesterday lost a case in which he claimed extradition would breach his human rights.

Philip Mifsud has been wanted in Italy since July 2013, when the Genova Tribunal issued the first of two requests for his extradition. In October of that year, Justice Antonio Mizzi – in the appeal court – overturned a decision ordering his extradition.

Mr Justice Mizzi had found that Italy had not satisfied the local extradition requirement of officially accusing someone of a crime, as Mr Mifsud was still being investigated.

The next day, a legal notice was issued amending the Extradition Act and widening the definition of a wanted person to include people under investigation.

The following month, the Geneva Tribunal made a second request for his extradition. The Magistrates’ Court upheld the request and the decision was confirmed on appeal in July 2014 and, soon after, Mr Mifsud filed a constitutional application.

He claimed that if he was to be extradited to Italy he would be subjected to inhuman treatment. This was because he suffered from mental health problems that might not be catered for there and, besides, the situation in Italian prisons was “degrading”.

He also claimed a breach of his right to a fair hearing as well as the right to a private life, since his telephone conversations were tapped without a necessary warrant.

Mr Justice Anthony Ellul, presiding over the First Hall of the Civil Court in its constitutional jurisdiction, turned down his pleas.

The judge noted that no evidence had been produced to prove the “degrading” state of Italian prisons or the tapped telephone conversations. In any case, the illegality of the tapping would require an appearance before the Italian courts.

As for his state of mental health, the court ruled that while it was aware that Mr Mifsud’s health was “not optimal” – and he was being medicated – it was not convinced he would not be given the necessary care in Italy.