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- Ελληνικά
Friday, 14 June 2024
The MP Ms, in her capacity as Vice President of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA) and Special Representative of the Assembly on Combating Corruption, paid a visit to Malta between 12 and 14 June where she had a series of contacts with senior government officials and other stakeholders, as well as representatives of non-governmental organisations involved in anti-corruption and anti-corruption issues to discuss constitutional reforms in Malta.
In a meeting with the Chairperson and members of the Standing Committee against Corruption, Ms Charalambidou referred to the crucial importance of such contacts for the exchange of experiences and good practices. She noted that Cyprus and Malta face common challenges in combating corruption and strengthening the rule of law. The chairman of this Commission, Dr Lawrence Quintano, noted inter alia that there is difficulty in proving cases of corruption. Although legal tools exist, he said, to protect whistleblowers, there is still a fear of any form of retaliation or revenge against those who report acts of corruption. He stressed that although the Commission does not have investigative powers, however, under a recently passed law, if the Commission has good reasons and a well-founded view that a case that has been investigated and documented can be brought before a court, it has the possibility to challenge/appeal a decision of the Attorney General to suspend criminal proceedings (nolle prosequi).
Ms Charalambidou also met with the Director General of the Ministry of Justice, Mr Johan Galea, from whom she was briefed on the progress of constitutional reforms in the country. Mr. Galea, after welcoming the Vice-Chair of the OSCE CSO and Special Representative of the Convention on Combating Corruption, noted that these reforms were made following recommendations of the Venice Commission which were adopted because there was political will for reforms, such as the separation of the role of the Prosecutor General into a public prosecutor and a legal advisor to the state. Special reference was made to the modification of the appointment procedure for members of the judiciary, by giving the power to appoint judges to a commission instead of to the Prime Minister of the country, who retained that power. At the same time, the act appointing the President of the Supreme Court must also be ratified by two-thirds of Parliament, while the same ratification procedure is provided for the appointment of the Chief of Police. These reforms have been an urgent demand of civil society especially after the murder of Maltese journalist Daphne Caruana Calizia in November 2017, in the wake of the institutional corruption scandal revealed in the country in connection with the Panama Papers. In relation to the process of filing a declaration of assets (whereabouts) by state officials, Mr Galea informed Ms Charalambidou that judges when applying for appointment to the judiciary are required to submit a full statement of assets, so that if an issue arises in the course of their duties, a question of corruption can be raised. She and her colleagues, she said, proceeded to table a bill in the House of Representatives to amend the Constitution with regard to the powers of the Attorney General and the need to separate his dual role of public prosecutor and legal adviser to the State, which is expected to be considered by the Parliamentary Committee on Legal Affairs shortly.
During the MP's meeting with delegations of the Maltese non-governmental organisations (NGOs) Repubblika and Occupy Justice, Ms Charalambidou praised their important work in the fight against corruption and the restoration of justice in Malta, which intensified after the murder of Daphne Caruana Galizia, pointed out that the strengthening of the rule of law must continue, as there is a need for further constitutional reforms in the country. They made special reference to the amendment of the appointment procedure for judges, noting that the power to appoint members of the judiciary had been removed from the powers of the country's Prime Minister and given to a commission.
A point of reference was Ms. Charalambidou's visit to the Daphne Caruana Calizia Foundation and her meeting with the son of the murdered journalist Mr. Matthew Caruana Calizia, who referred to the multidimensional work of the foundation and its contribution to the solving of his mother's murder. He also noted that his mother had exposed the level of corruption in the country and that it was now time for the relevant authorities to play their role. He also expressed satisfaction that the case is now before the judiciary. Ms. Charalambidou said that he is one of the most powerful weapons in strengthening efforts to fight corruption. At the same time, she invited him to participate in meetings of the OSCE CSO in order to take part in a discussion on corruption and its effects on the everyday life of citizens and how he himself experienced these efforts through his mother's fight against corruption.
Ms. Charalambidou also had a very constructive meeting with the Attorney General of Malta Dr. Victoria Buttigieg, who briefed her on all the reforms and structural changes that have been made in the Attorney General's office particularly with regard to the separation of the dual role that the Attorney General had, namely the legal advisor to the state and the public prosecutor of the country. It was noted that there were difficulties in their implementation, but these are being addressed.
Finally, Ms Charalambidou suggested that Malta host a conference to be organised on the initiative of the OSCE C.S.C. , in the framework of its OSCE Chairmanship for 2024 , for small OSCE member states which face common challenges in the fight against corruption and the rule of law, due to their small size, a proposal which was positively received.
(Text as sent by the House of Representatives)
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