Comments on: An important judgement by the Grand Chamber of the European Court of Human Rights https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/ Daphne Caruana Galizia is a journalist working in Malta. Sat, 05 Nov 2011 17:32:06 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: John Schembri https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18793 Mon, 01 Dec 2008 20:25:32 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18793 @ Marku :probably we agree that this organisation did not get results regarding the Patriot Act.
More nearer to home , I am all out in favour that a suspect has a right to be assisted by an advocate during an interrogation , even if this means less ‘resolved’ cases by the police.May I add that the suspect has a right to have an unedited copy of a video of his interrogation.
I would rather have a guilty person escape a prison sentence than have an innocent person being coerced by some overzealous inspector to sign on the dotted line….. and end up in jail with a nervous breakdown.
Sometimes even advocates in the court room try to put words in your mouth which you did not utter two minutes before as a witness before the same court.

]]> By: Marku https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18792 Mon, 01 Dec 2008 19:01:13 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18792 John Schembri: you’re preaching to the converted as far as I’m concerned but your original comment suggested that you do not believe the ACLU has done anything to challenge the Patriot Act, which I don’t think is true.

]]> By: Harry Purdie https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18791 Mon, 01 Dec 2008 18:41:48 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18791 Daphne,

It appears, from the limited number of replies that you have received, that the lack of concern for this continuing gross miscarriage of justice on the island remains, despite your pleas for action.

As you know, I also was subjected to ‘incarceration without representation’ and lanquished in prison for almost three weeks (no bail allowed) before, with your assistance through your writings in the local press, I was eventually tried, aquitted and allowed to roam free once again in order to pursue my business interests.

My many overseas friends and business associates still shake their heads in bewilderment. That such a situation was allowed and has never been addressed is very bad for Malta’s democratic reputation. I suspect that only outside pressure, such as a ruling of the Grand Chamber, will correct these outrages.

]]> By: John Schembri https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18790 Mon, 01 Dec 2008 16:54:24 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18790 @ Marku : normally I don’t use sarcasm , especially with people whom I never exchanged opinions.
But I could not help commenting . The reality is that human rights are being eroded in the land of the ‘free”.

]]> By: Nick https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18789 Mon, 01 Dec 2008 12:03:16 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18789 Why does Government never do anything unless ordered to by our beloved rulers in Brussels or Strasbourg? Whatever the case, reform of the drydocks, liberalisation of Enemalta, travel tax, car registration double tax whammy, illegal expropriation of land and most shameful of all the hijacking and stealing of the National Bank of Malta. Government hangs on to the bitter end enjoying its ill-gotten fruit until a loaded revolver is placed at its head and then it rushes through a last minute just in time job a la club med.

]]> By: carlos bonavia https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18788 Mon, 01 Dec 2008 08:59:06 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18788 @Mario Debono – Never a truer word was said. I am in total agreement with you and Daphne. Thank God for Daphne and her knack of expressing people’s hidden thoughts.

]]> By: Marku https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18787 Mon, 01 Dec 2008 04:27:18 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18787 John Schembri: I couldn’t tell from your comment if you were genuinely interested in finding an answer to your question or whether you were just being sarcastic. Either way, you might find some interesting reading here:

http://action.aclu.org/reformthepatriotact/

]]> By: Darren Azzopardi https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18786 Sun, 30 Nov 2008 21:44:41 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18786 So in an island overrun with lawyers, with more being cloned each year by the UoM, has it never occurred to them that maybe, just maybe, this was dangerous?

Vote Tonio, Get Lorry

]]> By: Mario Debono https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18785 Sun, 30 Nov 2008 21:25:36 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18785 You will find that the police and dear Tonio Borg were moving in the opposite direction here. The police have been clamouring long and hard for the right not to allow lawyers in whilst they were interrogating a suspect not only at the police HQ, but whenever they want to interview him. They dont want any interference, and I daresay that there are many cases where “statements” have been extracted by “suggestions” to do this and do that, in the hope that a lighter sentence prevails. t has become de rigeur to put the suspect in a cell for the night in order to terrify him, and its been happeneing even in cases of suspected white collar crime.They even want to put into the Criminal Code that refusal to give or sign a statement is tamtamount to an admission of guilt.

The truth is that the police have no one to oversee them and Tonio and Karm after him persist in being wimps of the Commissioner rather than keeping a firm rein on police activities.If they are not necessarily searching and harsh on the police, ministers would have failed ion their duty towards the public.

Most policepersons are good, but there are some apples amongst them that could do with throwing away. The secret service should also be tasked with investigating the off duty activities of policemen, just in case.

Yes, Turkey is ahead of us. In Malta, unless people speak out, we will have our work cut out to allow lawyers in when the police interrogate a suspect. they will cry blue murder because it will cramp their style. Truth is, if they feel that way, then their investigative methods do not withsatnd the test of best practice comparisions. Policemen should never be afraid of lawyers, and should never be afraid of the truth. And they should never manufacture truth through real or implied pressures put on the suspect. A lawyer should be present at all times. The practice of confiscating mobile phones and leaving suspects incommunicado for two days should stop. At least, they can inform their families or lawyers where they are.

Daphne, this calls for a specifc lobby group to be set up. We need to entrench the suspect’s right to a lawyer at the time of arrest and at all times when he is interrogated. And we need to curtail a policeman’s right to frivolously holding a suspect in a cell overnight just because its time to sign off duty and he hasnt finished. Xbajt nisma stejjer tal-wahx fuq dawn il-kazi.

]]> By: John Schembri https://daphnecaruanagalizia.com/2008/11/an-important-judgement-by-the-grand-chamber-of-the-european-court-of-human-rights/#comment-18784 Sun, 30 Nov 2008 20:39:20 +0000 http://daphnecaruanagalizia.com/?p=1198#comment-18784 @ Marku : What did the American Civil Liberties Union do about the Patriot Act?

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