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CASE OF DEMICOLI AGAINST MALTA

Doc ref: 13057/87 • ECHR ID: 001-55632

Document date: September 11, 1995

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CASE OF DEMICOLI AGAINST MALTA

Doc ref: 13057/87 • ECHR ID: 001-55632

Document date: September 11, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Demicoli case delivered on 27 August 1991 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 13057/87) against Malta lodged with the European Commission of

Human Rights on 22 May 1987, under Article 25 (art. 25) of the

Convention by Mr Carmel Demicoli, a Maltese national, and that the

Commission declared admissible his complaints that the proceedings

brought against him before the House of Representatives for breach

of privilege had not been fair and public and had not respected the

presumption of innocence;

Recalling that the case was brought before the Court by the

Commission on 21 May 1990;

Whereas in its judgment of 27 August 1991 the Court

unanimously:

- rejected the government's preliminary objection;

- held that Article 6, paragraph 1 (art. 6-1), of the

Convention applied in the case and that it had been breached;

- held that it was not necessary to examine the case under

Article 6, paragraph 2 (art. 6-2);

- held that the respondent state was to pay to the applicant

the sum of 5 000 Maltese lire in respect of costs and expenses;

- dismissed the remainder of the claim for just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Malta to inform it of the

measures which had been taken in consequence of the judgment

of 27 August 1991, having regard to Malta's obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Malta gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of Malta paid the

applicant on 11 September 1991 the sum provided for in the judgment

of 27 August 1991,

Declares, after having taken note of the information supplied

by the Government of Malta, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (95) 211

Information provided by the Government of Malta

during the examination of the Demicoli case

by the Committee of Ministers

An act amending the House of Representatives (Privileges and

Powers) Ordinance (Act No. XI of 1995) entered into force on

19 May 1995. According to the new regulations the power to

sanction breaches of the privileges mentioned in the ordinance is

transferred to the Court of Magistrates (new Article 11.3.a). The

house keeps only its power to investigate alleged breaches of

privileges (new Article 11, paragraphs 1 and 2) and its prerogative

to bring the question of breach of privilege before the Court of

Magistrates which shall have full jurisdiction to decide it and the

sanctions to be imposed (new Article 11.3.a). It is specified that

the use of this prerogative does not in any way mean or imply any

expression of guilt or innocence (new Article 11, paragraph 1).

The house has only maintained its power to sanction itself breaches

of privileges which may be adequately punished with an admonition

(new Article 11.3.b).

The Government of Malta considers that the entry into force of

these changes has taken away all risk of repetition of the

violation found by the Court in the present case.

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