Convicted Mafia boss Sebastiano Brunno has upped his legal battle over his extradition, claiming that in Italy he will be subjected to cruel and degrading treatment.
In an application filed before the First Hall of the Civil Court in its constitutional jurisdiction, Mr Brunno also claimed that the Appeals Court in Malta had breached his fundamental right to a fair hearing.
Mr Brunno, known as the head of the Nardo Cosca, a branch of the Sicilian Cosa Nostra, was arrested in Buġibba on October 2, five years after the Sicilian police mounted an extensive hunt for him.
The arrest followed an international investigation coordinated by the Catania anti-Mafia unit with the Maltese Criminal Investigation Department and the drug squad.
According to the Italian penal code, the authorities could suspend rights of prisoners
In December, a court acceded to a request by the Italian authorities to send Mr Brunno, 56, back to Italy to serve a life sentence he received over the 1992 murder of Agnello Nicolo. The Italian authorities also wanted Mr Brunno over an attempted murder in September 1992, but the conviction on that crime had been overturned on appeal.
Magistrate Aaron Bugeja, presiding over the first court, said this did not change the substance of the request as the judgment handed down by the Sicilian court and confirmed on appeal proved Mr Brunno had not served time in jail over the murder.
The decision to extradite him was also confirmed on appeal at the beginning of the year by Mr Justice Antonio Mizzi.
In his application, defence lawyer Roberto Montalto said that, according to the Italian penal code, the Italian authorities could suspend certain rights of prisoners. If extradited, Mr Brunno will be placed in solitary confinement, sometimes in cells without any windows, he said. On his claim on a breach of the right to a fair hearing, Dr Montalto said the Appeals Court had failed to appreciate this argument put forward during submissions and had overlooked it. He claimed this alone was in breach of his fundamental human right to a fair hearing.
The application was filed against the Attorney General and the Justice Minister.