Lawyers: Daphne Caruana Galizia murder investigation in flagrant breach of ECHR requirements

[vc_row][vc_column][vc_column_text]Daphne Caruana Galizia protest 1Doughty Street Chambers has surfaced concerns about the investigation being carried out by Maltese authorities into the death of Daphne Caruana Galizia, a journalist, writer and anti-corruption activist murdered on 16 October when her car exploded.

In its urgent legal advice to the family of Galizia, Doughty Street Chambers, an international specialist law firm, raised issues around the independence of the investigation, which they said was in a “clear and serious breach of Article 2” of the European Convention on Human Rights, which guarantees an effective investigation.

Doughty Street barristers Caoilfhionn Gallagher QC and Jonathan Price said “we are of the firm view that Malta is in flagrant violation of the Article 2 investigative duty and thus in breach of its obligations under the ECHR”, and that “from the information available at this stage it appears highly likely to us that the Maltese authorities have also violated other human rights of Ms Caruana Galizia and the bereaved family, under Articles 2, 3, 8, 10 and/ or 13 ECHR (and indeed under other international human rights treaties and domestic law).”

A further requirement of Article 2 is that the investigation should safeguard the legitimate interests of the next of kin. However, Galizia’s family members have been learning of key developments through grossly inappropriate channels: Twitter accounts belonging to politicians and news headlines.

“The advice from leading legal experts confirms that Malta is in breach of its obligations under European law to investigate the murder of Daphne Caruana Galizia thoroughly and fairly”, said Joy Hyvarinen, head of advocacy at Index on Censorship. “The advice raises extremely serious questions about the Maltese police, and Index believes that external, independent investigators must be appointed urgently.”

The lawyers called for swift action to be taken by the authorities in Malta to immediately remove the deputy commissioner from his role and to apologise to the family “for the failure to appropriately update and involve them in the investigation, and alter the way in which information is provided to them to comply with Article 2’s requirements.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1512749485797-9de444c0-8566-10″ taxonomies=”18781, 18782″][/vc_column][/vc_row]

Murdered Maltese journalist’s family dismayed at minister’s reaction

[vc_row][vc_column][vc_column_text]Daphne Caruana Galizia protest 1

The family of murdered journalist Daphne Caruana Galizia has issued a statement and a letter in response to Maltese minister Michael Farrugia’s publication of their private letter to him. The private letter reminded the minister of his legal responsibilities related to the investigation into the murder of Daphne Caruana Galizia. In the statement, the family says: “We were dismayed to see that the Minister of Home Affairs and National Security, Michael Farrugia, published our letter to him accompanied by a media statement. This was a private letter from the widower and sons of an assassination victim to their country’s minister who is responsible for the police and, ultimately, the assassination investigation.”

Index on Censorship condemns the minister’s actions.  “This is a deeply discouraging development, said Joy Hyvarinen, head of advocacy at Index on Censorship. The Maltese authorities should be focusing on investigating the killing of Daphne Caruana Galizia, rather than engaging in a public fight with the grieving family.”

Response by assassination victim’s widower and sons to minister of home affairs and national security Michael Farrugia

“We were dismayed to see that the Minister of Home Affairs and National Security, Michael Farrugia, published our letter to him accompanied by a media statement. This was a private letter from the widower and sons of an assassination victim to their country’s minister who is responsible for the police and, ultimately, the assassination investigation.

“It is inappropriate and irregular that the Maltese government publishes a private letter from citizens to the Minister responsible for their security, more so to send it to every media outlet in the country with an accompanying media statement. And it is inappropriate and irregular for the same Minister Michael Farrugia to ‘Tweet’ that statement and to have the Prime Minister re-Tweet it.

“We have responded in writing to Minister Michael Farrugia’s actions. As the widower and orphaned sons of an assassination victim killed on his watch, as private citizens, we would have preferred to deal privately with the concerns we have raised.  As we now cannot be sure Minister Michael Farrugia will respect protocol and dignity and obligations of his office and not release our latest letter to him to the media, we have been constrained to do so ourselves, accompanied by our own statement.”

Family’s letter to Farrugia

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Malta: Index speaks with RTK about murder of Daphne Caruana Galizia

Maltese journalist Daphne Caruana Galizia was killed on 16 October 2017 when a bomb placed under her car exploded as she drove away from her home in Bidnija, in the north of the island of Malta. A specialist in investigating corruption, her work included exposés of the shady secret deals, uncovered in the Panama Papers, that show how politicians and others hide illicit wealth behind secret companies. Her allegations about government corruption led to early elections in the country last June.

Index on Censorship’s project manager for Mapping Media Freedom, Hannah Machlin, spoke with RTK, a Catholic radio station in Malta, about Caruana Galizia’s murder.

Groups hold London vigil for murdered journalist Daphne Caruana Galizia

[vc_row][vc_column][vc_column_text]Daphne Caruana Galizia protest 3Nearly 60 free expression advocates marked the International Day to End Impunity for Crimes Against Journalists by honouring the courage of investigative journalist Daphne Caruana Galizia, and call for justice in her case.

Caruana Galizia was tragically killed on 16 October when a bomb placed under her car exploded as she drove away from her home in Bidnija, in the north of the island of Malta. A specialist in investigating corruption, her work included exposés of the shady secret deals, uncovered in the Panama Papers, that show how politicians and others hide illicit wealth behind secret companies. Her allegations about government corruption led to early elections in the country last June.

“Daphne Caruana Galizia showed remarkable courage in relentlessly pursuing investigations into official corruption and publishing stories that some clearly wanted to keep hidden, for which she paid the ultimate price. We call for justice for Daphne, and for an end to the vicious cycle of violence against journalists and impunity for their attackers everywhere it occurs. An attack on a journalist anywhere is an attack on journalism itself”, said Rebecca Vincent, UK Bureau Director for Reporters Without Borders.

“Daphne Caruana Galizia embodied the courage and commitment of independent journalists everywhere to bring us the news and illuminate inconvenient truths at great risk. Her cowardly murder must not go unpunished. Today we stand with Caruana Galizia’s family, friends, and colleagues, in the pledge to seek justice for her and for all journalists who have paid the ultimate price simply for doing their job”, said Nina Ognianova, Europe and Central Asia Programme Coordinator for the Committee to Protect Journalists.

“For decades, leading investigative journalist Daphne Caruana Galizia fought courageously to uncover corruption in her native Malta, in spite of ongoing intimidation, threats, lawsuits and attacks on her family home. Following her brutal murder, it is crucial that we come together to pay tribute to her bravery, to call for a full and impartial investigation, and to continue her legacy”, said Cat Lucas, Writers at Risk Programme Manager for English PEN.

“We are shocked and saddened at the death of Daphne Caruana Galizia. It’s important and necessary that we acknowledge her today and moving forward to pay tribute to her bravery in fighting corruption in her country. Her tragic death will serve as a stark reminder of the dangers journalists around the world face every day in doing their important work”, said Laura Gane, Editorial Director of the Frontline Club.

“The murder of a prominent investigative journalist in broad daylight in an EU Member State underscores the seriousness of this crime. Daphne Caruana Galizia’s work as a journalist to hold power to account and shine a light on corruption is vital to maintaining our democratic institutions. Her killing is a loss for her country and for Europe”, said Hannah Machlin, Project Manager for Index on Censorship’s Mapping Media Freedom programme.

“Daphne Caruana Galizia was a lone but important voice, and her death leaves a void in a country that urgently needs to address the growing widespread perception that it is failing in its efforts to end corruption”, said Patricia Moreira, Managing Director of Transparency International.

Co-sponsors of the London vigil included ARTICLE 19, the Committee to Protect Journalists, English PEN, Frontline Club, Index on Censorship, PEN International, Reporters Without Borders, and Transparency International.

Malta is ranked 47th out of 180 countries in Reporters Without Borders’ 2017 World Press Freedom Index, and 47th out of 176 countries in Transparency International’s Corruption Perception Index 2016.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_row_inner][vc_column_inner width=”1/2″][vc_single_image image=”80577″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/10/impunity-crimes-against-journalists-unresolved/”][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]

#NoImpunity: Crimes against journalists go unresolved

Index on Censorship and Reporters Without Borders have highlighted prominent cases of impunity.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/2″][vc_single_image image=”96085″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/10/daphne-caruana-galizia-life-and-career/”][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]

Daphne Caruana Galizia: Life and career of murdered Maltese journalist

Daphne Caruana Galizia was a Maltese journalist and blogger known for her investigative reporting on controversial and sensitive information.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/2″][vc_single_image image=”96373″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/10/international-press-freedom-groups-condemn-killing-maltese-investigative-journalist/”][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]

International press freedom groups condemn killing of Maltese investigative journalist

Sixteen press freedom groups condemn the killing of investigative journalist Daphne Caruana Galizia and demand an immediate and independent investigation into her death.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_custom_heading text=”Mapping Media Freedom” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

Index on Censorship monitors press freedom in 42 European countries.

Since 24 May 2014, Mapping Media Freedom’s team of correspondents and partners have recorded and verified 3,597 violations against journalists and media outlets.

Index campaigns to protect journalists and media freedom. You can help us by submitting reports to Mapping Media Freedom.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.

Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row]