Lawrence Gatt, a suspected drug trafficker whose detention the European Court ruled as being a “flagrant” breach of human rights, today filed a judicial application against the Attorney General insisting that the European Court decision should be implemented immediately and he should be released from arrest. The European Court decision was taken last month.

Today's application followed an application by the the Attorney General on Friday asking the court to order Mr Gatt's release from prison and to restore his former bail conditions, including house arrest.

In his application, Mr Gatt pointed out that the European Court had stated that the Maltese Criminal Court was mistaken when it revoked his bail, because it did not distinguish between a serious breach of bail conditions and a minor infringement.

Even though 12 days had passed since the judgement was handed down the state had not enforced the judgement, he complained.

Defence counsel Jose Herrera speaking at a press conference on Friday - while the Attorney General was filing his application - said that Mr Gatt, 63, had been awaiting trial for nearly 10 years.

In 2001, when Mr Gatt was charged with drug trafficking and was granted bail on a personal guarantee of €23,300, along with restrictions placed on leaving his residence.

He breached the conditions, so bail was revoked and he was re-arrested. But since he could not afford to pay the guarantee, in July 2006 the court converted the €23,300 into 2,000 days in prison.

He appealed to the local courts but lost the case. However, the seven-judge chamber in Strasbourg ruled that Mr Gatt, who had been under strict bail conditions for nearly five years – presumably without being able to earn a living – could not have realistically been expected to comply with the guarantee and fulfil the relevant obligation. As a consequence, his detention, especially taking into account its duration, was disproportionate, the court ruled.