The rights of a businessman wanted in Italy where he is being investigated for smuggling contraband cigarettes were not breached, a court ruled today.

Philip Mifsud is wanted by the Italian authorities for allegedly smuggling more than 18,000 kilograms of cigarettes into the country.

In July last year the appeal court confirmed a decision ordering his extradition and he filed a constitutional application claiming this would lead to a breach of his right.

Mr Mifsud claimed that if he would be extradited to Italy he would be subjected to inhuman treatment. This was because he suffered from mental health problems that may not be catered for there and, besides, the situation in Italian prisons was degrading.

He also claimed a breach of his rights to a fair hearing and that his right to a private life was breached when telephone conversations were tapped without a necessary warrant.

However, Mr Justice Anthony Ellul – presiding over the First Hall of the Civil Court in its constitutional jurisdiction - turned down his pleas.

The judge noted that no evidence had been produced about the “degrading” state of Italian prisons or about the telephone conversations. In any case, the illegality of the tapping would have to be argued before the Italian courts.

As for the state of mental health, the court ruled that while it was aware that Mr Mifsud’s health was “not optimal” - and he was being treated with medication – the court was not convinced he would not be given the necessary care in Italy.