INTERNATIONAL LAWYERS ADVISE THAT DAPHNE CARUANA GALIZIA MURDER INVESTIGATION IS IN FLAGRANT BREACH OF ECHR REQUIREMENTS
“External, impartial investigators essential and extremely urgent”
International lawyers at Doughty Street Chambers have advised Daphne Caruana Galizia’s family that the investigation into her assassination violates procedural requirements of Article 2 of the European Convention on Human Rights (ECHR).
In a legal opinion issued today, Caoilfhionn Gallagher QC and Jonathan Price say “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).”
The lawyers conclude that Malta is in breach of its obligations to Daphne Caruana Galizia’s family under the ECHR. Their legal opinion calls 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.”
They further note that the involvement of external, impartial investigators is “an essential requirement, and an extremely urgent one.”
Note to Editors:
- Caoilfhionn Gallagher QC has acted in many landmark human rights cases in the UK in recent years, including acting for bereaved families and survivors of the 7/7 London bombings and the Hillsborough disaster. She has particular expertise in freedom of expression and she regularly acts for journalists worldwide who are imprisoned, prosecuted or harassed due to their work. She is a member of the Board of Reporters Without Borders, and earlier this year she was made a Fellow of the Royal Society of Arts for her contribution to the protection of human rights.
- Jonathan Price specialises in media, publication and information law, and he regularly defends journalists and writers both in the UK and internationally.
- Doughty Street Chambers is home to leading specialist barristers who advise and appear as advocates for clients in courts and tribunals around the world. The Chambers practise in crime, civil law, public and administrative law, international law, mediation, and arbitration, frequently in cases invoking issues of human rights and civil liberties. Doughty Street is home to over 120 barristers, including 29 Queen’s Counsels.
- A detailed explanation of the lawyers’ findings and conclusions can be found here.