The European Court of Human Rights has confirmed a decision against Malta over the Attorney General’s right to decide on whether to indict an individual before the Criminal or the Magistrates’ court.
The court decided against Malta’s appeal to refer the issue to the Grand Chamber.
The case was filed by lawyer Joe Brincat on behalf of John Camilleri, who had been accused of drug possession last January.
While the punishment from the Criminal Court may vary from four years to life imprisonment, the one handed down by the Magistrates’ Court ranges from six months to 10 years.
Dr Brincat said the European Court had now confirmed that the provision allowing the AG to choose the court violates human rights.
Parliament must now bring the law in line with the human rights convention, he added.