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.
Full & Egal Universal Law Academy