The European Court of Human Rights has ordered the government to compensate a British national €8,200 after the Maltese courts were found breaching his right to a trial within reasonable time.

The case involves Jovika Kolakovic who was charged with drug possession in 2009. Following several requests for bail, all turned down by various Maltese courts, Mr Kolakovic referred the case to the ECHR which decided that his fundamental human rights had been breached.

According to the Strasbourg court, the fact that the applicant remained in custody for another 15 months after he was supposed to be given bail suggested the Maltese courts had failed to take the necessary action to grant bail to Mr Kolakovic.

During the process in front of the Maltese courts, the Constitutional Court had on one occasion found that the applicant’s rights in view of the ongoing passage of time had been breached. However, instead of ordering his release, it awarded Mr Kolakovic €1,000 compensation.

The applicant continued to present various cases in court to try to obtain release; however, they were always turned down for some reason or other, including whether he was able to pay the bail.

In front of the ECHR, the Maltese authorities argued that the reason for not obtaining release was the applicant’s fault as he had failed to substantiate his financial position.

However, the ECHR said that, despite the fact Mr Kolakovic’s financial position became clear in September 2011, he still spent another seven months in detention.