Malta’s system of justice remains creaking. The backlog of court cases and the slow pace at which the wheels of justice turn are well rehearsed complaints. They have now become, regrettably, a part of the Maltese way of life. Efforts made to address the situation have evidently not been enough and, so inured are we to it, we can only live complacently with the reality. Of course, the rule of law, the bedrock of any civilised society, depends for its success on having legal systems in place that are efficient, fair and well administered.
A number of incidents and reports have highlighted the gaps in the country’s system of justice not just at the front line – in the courts of justice – but also in the way the courts deal with those who have transgressed and their incarceration at Corradino Correctional Facility.
Just under two years ago, a board of inquiry had been set up to investigate a series of complaints of misconduct at Corradino. It exposed a litany of deficiencies in leadership, organisation and management, stemming from years of neglect, poor human resources and chronic underfunding. The Minister for Justice and Home Affairs set up a “task force” to follow up the recommendations contained in the report but this has not reported yet, at least, publicly.
The minister has moved a Bill on restorative justice, now being debated in Parliament. This aims to improve prisoners’ arrangements for resettlement, rehabilitation and reform through the introduction of mediation facilities between criminals and their victims, new and better provisions for parole, a review of the remission of prison sentences and victim support schemes.
The publication of the Bill was followed by a report strongly advocating the need to overhaul the juvenile justice system. The report was sparked off by a number of high-profile cases of children being imprisoned at the CCF – alongside hardened adult prisoners – which led the Commissioner for Children to intervene and to set up a board of inquiry made up of professionals in the field.
Their report is comprehensive and uncompromising in its recommendations. The juvenile justice system needs an overhaul, with reforms being needed in the Police Force, the civil courts, the prison and even with NGOs dealing with young people. The Justice Minister says one key recommendation – that the youth section, known as YOURS, should be moved out of Corradino – would be implemented shortly.
Other recommendations expose the paucity of arrangements in place for youth offenders. Many of these arrangements are well out of line with other advanced societies. The age of criminal responsibility should be raised from nine to 14 years; the Juvenile Court should be given more funds to operate; the resources allocated to Appoġġ for case-workers and emergency service coverage should be greatly increased; the police should be obliged to have a lawyer and a social worker present when minors are interrogated and should urgently set up a section dealing with child welfare.
Although many reports have been instigated and many gaps in the system of justice have been highlighted, action to make real and long-lasting improvements has been slow in coming, which does not mean nothing has been done either.
The administration of justice is often one of the Cinderellas of government business. The former Chief Justice proposed only two years ago an independent body should be set up to look into the judicial system, to see what difficulties exist and to propose remedies. Nothing has come out of that sensible proposal. It is time it was resuscitated.