• November 29, 2004 - Life sentence: disappointment and sadness

Reference is herby made by Mid-Dlam ghad-Dawl to the sentence awarded today by Judge Joseph Galea Debono at the end of the trial by jury of the Republic against Ibrahim Shnishah. The sentence given was life imprisonment, that is imprisonment unto death.

Mid-Dlam ghad-Dawl is extremely disappointed and saddened by this severe decision, especially after considering the circumstances in which Mr. Shnishah was found guilty last Friday, that is with 6 votes against 3 after six and a half hours of deliberation.

While Mid-Dlam ghad-Dawl would like to think that our Courts have the will to start approaching acceptable European standards when handing down judgement, it is doubtful whether this is what is happening. It is Mid-Dlam ghad-Dawl’s fear that, amongst European countries, with such sentences Malta may appear to be truly anachronistic.

While recognising the gravity of the case in question, Mid-Dlam ghad-Dawl again affirms that imprisonment unto death is inhuman and unjust.

• June 28, 2004 - European Union Against Life Imprisonment

A Green Paper published by the European Commission (COM-2004-334) on the 30th April 2004 confirmed what Mid-Dlam Ghad-Dawl has been arguing for years. The European Commission is proposing a total reconsideration of the punishment of life imprisonment leading towards its abolition on a Union wide basis. This, in the light of a proposal to align the forms of punishment in the Union, in what may be considered as one of the first tangible steps towards a European Criminal Code.

Abolishing life imprisonment would be justified from the point of view of the objective of reeducating and rehabilitating the offender. As is well known, a person’s conduct can change during imprisonment and the absence of all hope of ever being released will not stimulate efforts at reintegration.

The Commission’s analysis demonstrates that life purports various meanings in the different Member States. A life-term can be substantially reduced in certain jurisdictions, whereas in others a long- term definite sentence can practically amount to life imprisonment. Certain states prescribe a minimum, which must be served before gaining eligibility for early release ranging from 10 years in Belgium to 26 in Italy. However, in a large number of members this is set at 15 years. Malta follows the English system, whereas this minimum may only be established at the discretion of the judge in the form of a recommendation to the Prime Minister. Otherwise, life imprisonment literally means imprisonment until death.

The Commission is suggesting the replacement of life imprisonment by fixed-term sentences, or else reviewing the situation of the offender regularly. For the most serious crimes, associated with certain personal characteristics, which represent a manifest threat, consideration could be given to the possibility of reducing the penalty to a fixed period of, say, 20 to 30 years, the offender’s situation being regularly reviewed, or ensuring that the situation of offenders sentenced to unlimited terms come up for periodic review.

Early release may be made subject to various conditions, notably victim compensation. Mid-Dlam Ghad-Dawl believes that victims’ rights are not safeguarded by a harsh sentencing policy that undermines rehabilitation and prevents social integration. Victims’ rights should be properly targeted through a proper legislative framework in which Malta is still far back behind EU standards. This should be complemented by dedicated victim support services, as will be provided by Mid-Dlam Ghad-Dawl in Victim Support Malta to start operating in the months to come.

• May 31, 2004 - Helsinki Conference on Victims of Crime

Two representatives of Mid-Dlam g]ad-Dawl, Fr. Mark Montebello and Ivan Cauchi, have just returned from Helsinki (Finland) where they attended an inter-European conference about victims of crime. The conference, which was held between May 27 and 29, and was attended by 65 delegates from 20 European countries, was organised by Victim Support Europe (VSE; formerly the European Forum for Victim Services). The themes discussed included human rights and victims of crime, the welfare of those working with victims, hate and homophobic crimes, stalking, and cross-boarder trafficking in human beings. The executive of the European association, together with all the delegates at the conference, showed their satisfaction for the work being currently done in Malta by Mid-Dlam g]ad-Dawl in collaboration with government for the benefit of victims of crime.

• May 18, 2004 - Finland Conference on Victims of Crime

Dr Mark Montebello O.P. and Mr Ivan Cauchi, respectively Director and Co-ordinator of Mid-Dlam g]ad-Dawl (Daritama) are to participate at the 18th Conference of Victim Support Europe (VSE; formerly the European Forum for Victim Services) in Gustavelund (Tuusula, Finland). The conference will be held between the 26th and the 30th of this month.

The VSE is association of organisations that offer services to victims of crime and court witnesses. It incorporates organisations from Austria, Belgium, the Czech Republic, Estonia, Finland, France, Germany, Hungary, Ireland, Luxembourg, the Netherlands, Portugal, Slovakia, Sweden, Switzerland, and the United Kingdom. VSE is in consultative status with the COUNCIL OF EUROPE and the UN.

The association exists to:

• Promote the development of effective services for victims of crime throughout Europe
• Promote fair and equal compensation for victims of crime throughout Europe, regardless of the nationality of the victim concerned
• Promote the rights of victims of crime in Europe in their involvement in the criminal justice system and with other agencies
• Exchange experience and information between member organisations to share best practices and knowledge.

The conference shall deal with such themes as victims services, workers' welfare, hate crimes, and cross boarder victims. It shall meet under the presidency of Chairperson Dame Helen Reeves, the Chief Executive of Victims Support (UK).

At present Mid-Dlam ghad-Dawl, the organisation working with prisoners, former prisoners, and their families, is in the process of creating in Malta Victim Support Malta, which will be a support and information centre for victims of crime and court witnesses.

• May 11, 2004 - Condemnation of torture of Iraqi prisoners

Mid-Dlam ghad-Dawl (Daritama) is shocked and disgusted by the deplorable treatment of Iraqi prisoners. Mid-Dlam ghad Dawl condemns such barbarities unreservedly.

Prisoners are persons, and never, and under no pretext, must they be considered to be undeserving of humane treatment. If they are to undergo a sentence for some proven crime, then they are to do so with full dignity and respect. Under no circumstances whatsoever is it ever permissible or acceptable that they be subjected to torture or to inhuman or degrading treatment or punishment while in custody.

Consequently, Mid-Dlam ghad-Dawl was pleased to note that the Government of Malta pronounced itself categorically against the ‘truely abhorent’ ill-treatment of fated Iraqi prisoners. Mid-Dlam ghad-Dawl fully concures with this view.

Mid-Dlam ghad-Dawl also encourages all international bodies to take all measures possible in order to bring to a speedy end these unmistakable breaches to, and violations of, international law.

• April 27, 2004 - Denunciation of unjustifiable actions at the prisons

In the light of the extraordinary circumstances that have occurred at the prisons since last Sunday Mid-Dlam ghad-Dawl publicly deplores the actions that are currently being taken by the larger part of the prisoners. We feel that these actions are unnecessary, and may be of a detriment to the prisoners themselves.

As is well known, during the past weeks Mid-Dlam ghad-Dawl organised a public campaign in favour that all prisoners be granted an amnesty on the occasion of Malta's accession to the European Union. We have done this so that the celebrations for the occasion shall be truly for everyone, including the prisoners and their families. We still do believe this. However we surely do not believe, and incidentally we do denounce, that certain measures should be used such as those being currently done by the prisoners. During the past days Mid-Dlam ghad-Dawl made various appeals directly to the prisoners so that they would not do such actions, and to accept quietly and with resignation any decision that may eventually be taken as regards the amnesty. With regret we note that these appeals were not listened to.

Mid-Dlam ghad-Dawl would also like to extend its solidarity to all officials and wardens at the prisons during this moment of particular delicacy. We do this especially with the warden who unfortunately was attacked yesterday.

Finally, once more we publicly appeal to the prisoners to stop immediately the unjustifiable actions that they are doing so that they may return back to the cooperation that existed between then, between us, and between the prison authorities.

• April 9, 2004 - Petition for an Amnesty

The collection of petitions to be sent to the Hon. Prime Minister and Hon. Members of Cabinet for a generous amnesty to all prisoners continued steadily. The petition is being done on the occasion of Malta's accession to the European Union.

The number of petitions collected are symbolic, in the sense that it was not logistically possible to conduct the gathering at all localities of Malta and Gozo. However from the little effort that was done the number of petitions gathered is MORE THAN 3000 in just three weeks. This, in the circumstances, is considered to be a record.

On April 1 Mid-Dlam ghad-Dawl made a formal petition to the Prime Minister to present a motion to the Cabinet in order to grant the petition. Mid-Dlam ghad-Dawl even contacted all the Ministers individually in order to ask them to support the motion. It is understood that the indications for the granting of the amnesty are good.

The petitions are being collected on single cards, but also on other sheets. These are being sent to the office of the Prime Minister in Valletta by Mid-Dlam ghad-Dawl, but also individually by post.

• March 23, 2004 - "Visit a Prisoner" Scheme

Some weeks back Mid-Dlam ghad-Dawl issued a call through the local papers to those who would have liked to make private visits to a male or female prisoner at the Corradino Correctional Facility. The initiative was taken since many prisoners, especially those of foreign origin, have no one to visit them. This fact adds, quite significantly, the anguish of incarceration. Acquiring he consciousness that someone cares for him or her, enough to make a visit once a week, a prisoner is encouraged, cares more for his or her own mental and physical state, and moreover shall have someone with whom to share his or her thoughts, joys and sorrows, and also his or her hope for the future.

To this call thirty persons answered. These had been asked to attend an introductory meeting at Dar it-Tama, Cospicua. During this meeting it was explained to them what was expected of them. At present four, including a couple, already began visiting regularly a prisoner assigned to them. Others are still going through the process of being issued a permit by the police. The procedure demands that the police inspector responsible for the case of a prisoner on remand issues a document stating that he has no objection for the visit to take place.

This procedure frequently creates many difficulties since it is difficult to get in contact with the inspector who has to issue the permit.

Since the demand on the part of prisoners is greater than the persons offering some of their time to visit them another call is planned for the near future. Those interested in this scheme may phone on 9982 7998 or 9946 3324.

• March 12, 2003 - PRISONS THAT SERVE SOCIETY - Memorandum to Political Parties on the Occasion of the General Elections 2003

The prisons must serve society. It is senseless that people continue to be sent to the prisons only to leave them worse than when they entered them. This squanders public funds to the detriment of the public’s same interests. The prisons must be places of therapy where inmates, especially the young, may heal from the causes of their delinquency and criminality.

For this to be achieved it is necessary that the prisons be places of discipline, free from corruption, and clear from drugs. The prisons’ security and any other function must be at the service of therapy, and not the other way round. The concept of the inmates’ education must be widened so as to include formal and practical instruction, such as vocational training. It must also include informal instruction, which is the education that is transmitted in an indirect way through an environment that is humanly respectful and ethically clean. Without making the inmates unduly nervous or preoccupied, the prisons’ environment must positively predispose them to therapy. It is in such manner that inmates can be prepared to re-establish themselves successfully in society.

This means that much attention must be given to the training of prison officials, both those who are in command — so that all their undertakings shall have a therapeutic aim — and also those who come in direct contact with inmates. The Prison Board of Visitors must be composed of a manageable number of people, and given some effective power.
The families of prisoners, as indirect victims of crime, must be given the greatest respect, and treated with the utmost sensitivity. Voluntary groups must be assisted as much as possible so that they may contribute to the best of their abilities according to their specific nature.

As people to whom, first and foremost, the service of justice has to be oriented, victims of crime must be given the most privileged place in the new government’s agenda. The government’s program should provide not only for direct victims of crime but also for those who may be potentially in some special danger of becoming victims. This program may not necessarily include a system of pecuniary recompense, but rather a system that guarantees the victims’ right to information. This system may function in cooperation with the police force, the Courts of Justice, and those entities especially close to the citizen, such as the Local Councils.