The classical Hollywood film The Midnight Express had, for some time, left an enduring impression on me. I was shocked to realise how inhumane certain foreign regimes could be with regard to foreigners, especially if these would find themselves in breach of the local laws. In those days, however, I felt comfortable with the idea that Malta was far removed from all, and that, here, we embraced the due process of law and such injustices were unheard of. Years would pass, however, and experience would occasionally prove me wrong to a certain degree.
It's 8.15 in the morning and the police van pulls up near Malta's so-called correctional facility at Corradino. A number of foreigners are being taken to court for their monthly hearings. They arrive at the court building at about 8.45 and are held in the basement of the court in a makeshift jail awaiting to be summoned before the presiding magistrate. The cells down there are far from accommodating and, to say the least, are very dreary, cold and threatening. The foreigners more often than not do not speak or understand the English language let alone the Maltese one. They could be expected to wait down there in the court basement for up to four hours; unaware of what is going on and oblivious of their fate. They would probably spend their time waiting down there, pacing those dreary chambers mumbling to themselves and incapable of communicating with anyone.
Finally, their solitude is only interrupted when they are abruptly called before the court. This is, however, not always the case for, quite frequently, they are told that their case has been postponed for another month or so and they are dumped back in the police van and whisked back to prison in total bewilderment and shock. When they are summoned, they make a short appearance before the court, the sitting rarely lasting for more than a couple of minutes, some irrelevant witness is heard or some procedural default is sanctioned and then they are driven back to prison, which could prove to be their home for many years to come. Their trial, which our Constitution guarantees, should be swift, would, on average, last a minimum of four years.
In theory, our law guarantees them the right for bail at least after a reasonable period. In truth, however, their liberty, pending trial, is rarely, if ever, granted and, in all likelihood, would have to spend their time locked up in prison notwithstanding the cardinal principle of the presumption of innocence. Our courts, justifiably or not, are wary of consenting to grant bail to foreigners and this, presumably, out of the fear that these would abscond and, thereby, stultify the criminal process.
There are no licensed or official translators in this country; the court will therefore, ex tempore, appoint practically anyone present in court who could claim to speak the native language of the person charged. It will be left to the reader to imagine how proficient some of the translators would be, bearing in mind that today we have inmates from 37 different countries and from all corners of the globe. Yet, Malta boasts of its democratic credentials and EU membership.
It is true, inmates nowadays never experience physical violence, be they foreign or not. Furthermore, they are granted access to a lawyer though not necessarily the one of their choice. More importantly, we do have the tradition of an independent and impartial judiciary, which, as a rule, grants any accused a fair trial. However, in the 21st century this is not sufficient.
In our endeavours to crack down hard on criminality we have extrapolated the humane element from the judicial process. We forget that these foreign inmates are not merely statistics or numbers in an ever-increasing prison population. These really do have names, families and had a life of their own before they crossed swords with the law. True, Malta is no developing country over-run by some despotic regime. This notwithstanding, the way we are treating foreigners facing criminal trials is a far cry from what is fit and proper. We seem to be treating these persons callously, inhumanely and without dignity.
To my mind, we must therefore change our attitude before we start getting severely censored by the international community. Definitely, it is high time that legislation be introduced making it obligatory on our courts, on the Attorney General's office and on all involved, to guarantee a speedy trial for all foreigners. It must be emphasised that, when compared to Maltese nationals, these go through a far more traumatic experience especially because, as stated above, they are more often than not denied bail.
Secondly, and here the Justice Minister should take note, our country should provide professional and authorised translators who should be made available to the accused during all stages of the criminal process, starting from the investigations stage at the police headquarters up till the final day in court.
Finally, and perhaps this is the most important aspect which such reforms should contemplate, we should allow the accused the right to choose a lawyer of their own choice because, ultimately, it is their liberty which is at stake here.
In the meantime, there are some who are experiencing Malta's version of The Midnight Express.
Dr Herrera is a Labour member of Parliament.