A court has thrown out a claims of inhuman and degrading treatment made by an Italian man who complained that he was suffering because the punishment for cultivating cannabis and trafficking the drug were the same. 

Mr Justice Joseph Zammit McKeon, presiding over the First Hall of the Civil Court in its constitutional jurisdiction, was ruling in a case filed by Italian national Salvatore Oliveri, who is awaiting trial over the cultivation of cannabis plants. 

Mr Oliveri claimed that the fact that the two crimes carried the same punishment constituted inhuman and degrading treatment. 

Mr Oliveri's residence had been searched by the police in April 2012 . They  found cannabis plants. 

It was then explained to him that cultivation and cannabis trafficking both carried a jail sentence of between six months and 10 years. He argued that the punishments for the two are different in Italy. 

He contended that the lack of a distinction between cultivation and trafficking in the law was a violation of his right to freedom from inhuman and degrading treatment.

The Attorney General, however, argued that the EU Charter of Fundamental Human Rights was not applicable as no EU laws were being infringed. The complaint emanated from domestic legislation and therefore was beyond the scope of this charter.

The AG also pointed out that the pending criminal proceedings had not yet been decided and therefore it could not be said with any certainty that he would be found guilty.

Mr Justice McKeon ruled in favour of the Attorney General but did not agree with the assertion that since criminal proceedings were still pending, the case could not have been filed. 

The judge disagreed with the claim that the punishment for cultivation and trafficking constituted degrading treatment. He said the punishment in itself was not inhuman or degrading and neither was the prison term out of proportion. In any case, the State was obliged to guarantee the dignity of any prisoner serving a sentence in prison. He therefore threw out the case.