The government is proposing changes to regulate the extradition process

The government on Tuesday discussed a bill proposing changes to Article 15(5) of the Extradition Act (Chapter 276), which governs the extradition process.

Justice Secretary Jonathan Attard introduced the bill after agreement with Whips from both sides of the House. The amendments will provide for a uniform procedure for all those accused of committing a cross-border crime, regardless of whether they are in a Member State of the European Union. state or not.

“As a nation we have always felt that a person accused of a crime should be afforded the same rights regardless of the proceedings against him,” Attard said, adding that extradition law plays an important role in transnational crimes.

He said that while the need for extradition is fundamental in cross-border cases, the procedures used between Member States and between States that are not members of the European Union vary, and this involves discussions about the obligations of States and the rights of the suspects about to be extradited.

“Extradition has clearly demonstrated over time the absolute necessity to maintain law and order at an international level, especially when you consider that a person committing a crime can flee the scene of the crime in various ways or may not even in the country where the crime took place. had been committed,” Attard said.

Attard said he believes that extradition procedures at European level are stronger than those attributed in the case of extradition to a third country; therefore, the government presents several amendments to Article 15 of the Main Act.

The First Amendment concerns informed consent, which provides that persons brought into pretrial detention before a court must be informed of their right to consent to extradition.

Attard said the court is obliged to explain the procedure following such consent, while ensuring that individuals understand the implications of their decision.

This procedure is already mandatory in cases of extradition following a European arrest warrant under Regulation 11(2) of the Extradition Order, it was said.

The second amendment proposed by the government concerns the warning of legal consequences.

The government proposes to strengthen the requirement for the court to warn individuals of the legal consequences of their willingness to extradite.

This change emphasizes the importance of informed decision-making and aims to avoid coercion or misunderstandings, Attard said.

Another amendment proposed by the government concerns provisions regarding prior declarations in cases where a person is still awaiting extradition from Malta, at the time this law comes into force.

The amendment introduces a provision allowing individuals awaiting extradition, after having made a declaration voluntarily accepting extradition, to withdraw that consent and request their extradition within a specified period (a period of 15 days from the date of entry into force of the amendment).

Attard said that the Criminal Court of Appeal should accept the request under this provision and order that the documents of the proceedings be returned to the pre-trial detention court within three days so that the applicant can contest the extradition request.

He said that once the provisions of this article and any applicable conditions relating to the arrest of that person or extradition proceedings have been communicated to the court of pre-trial detention, they will commence again as soon as the acts of the proceedings have been received by the court of pre-trial detention .

Attard said the extradition bill is an essential part of Malta’s legal framework for tackling transnational crimes and promoting international cooperation.

It establishes clear procedures and safeguards that seek to balance the need for accountability and the protection of individual rights, he said.

“While challenges remain in its implementation, which we are actively addressing, as evidenced by the amendments we are introducing today, the treaty’s commitment to human rights and justice underlines its importance in the global fight against crime,” said Attard.

He said the Extradition Bill will play a crucial role in shaping the future of international law and justice, and will not only serve as a legal instrument for Malta, but will also reflect broader principles of justice, cooperation and human rights that are essential in today’s interconnected society. world.

PN MP Karol Aquilina said the PN would vote in favor of the amendments, apart from some proposals on clarifications and wording of the bill.

He said that while it is positive to stay abreast of everything that is happening and intervene legislatively where necessary, lawmakers should not wait to bring forward flawed laws that need to be changed.

“There are several laws that the courts have warned about, and there is no system that forces us to do anything about these laws, and it is time for a discussion that we cannot ignore,” Aquilina said.

He said Parliament must do everything it can to improve the justice system, while each government builds on the positives of its predecessor and improves.

Aquilina said Malta must ensure that its legal system does not rely on that of another country when it comes to people being extradited for a crime they are accused of.

He said a message must be sent that Malta is a sovereign and independent country that has confidence in its legal system despite its flaws.

Aquilina said the PN will continue to offer proposals to the government to further improve the laws, so this is the best it can be.

The motion was passed unanimously and now goes to the committee for the consideration of bills.