Within this context, the underlying and unwritten constitution of our power structures remains unregulated and fundamentally vulnerable to corruption. Political parties are only in small part, funded by the State. The bulk of their resources is obtained from private funding. Private funding of political parties is a reflection of free expression but the poor regulation … Continued
Our legislative framework has also proved weak in the fight against corruption. It should be an offence to spend public funds irresponsibly, wastefully or in a manner that benefits private interests over public interest or a contribution to the common good. The manner in which Joseph Muscat’s government used public funds to compensate potential witnesses … Continued
There should be a clear deterrent to prevent people in political authority from using and abusing their power to prevent investigations and prosecutions into their conduct or their political associates and allies. It should be a specific offence for a person in public office to seek to obstruct the police, prosecutors, investigators or other officials … Continued
Laws against financial crime, including bribery and corruption, are notoriously difficult to enforce because of the tools available to criminals to cover their tracks. However, anyone displaying considerably more wealth than their explained income can justify must be the beneficiary of income they cannot justify. We mention by way of illustration the case of Alfred … Continued
Organised crime is globalised and within the European context exploits freedoms of movement of people and money. Criminals benefit from the combination of the integration of the European market and the fragmentation of its policing and justice. The current structures of cooperation depend on the goodwill and cooperation of local forces. Certainly, in the case … Continued
Where anti-mafia legislation exists (such as Italy’s 416bis17 provision in that country’s criminal code and the Racketeer Influenced and Corrupt Organisations Act18 in the USA), a mafia-type organisation is defined as an organisation whose members use the power of intimidation deriving from the bonds of membership, the state of subjugation and conspiracy of silence that … Continued
If we were to apply Italian criminal law to the killing of Daphne Caruana Galizia, the assassination would be branded a terrorist act “di stampo mafioso”. The killing of Daphne Caruana Galizia was not only intended to terminate her life. It was also intended to replace her work and her activism with the silence that … Continued
The Inquiry is required to ask whether the State had and has in place effective criminal law provisions and other practical means to avoid the development of a de facto state of impunity through the frequent occurrence of unresolved criminal acts and to deter the commission of serious criminal offences, backed up by law enforcement … Continued
This new collegiality and solidarity are especially pronounced because of the international interest that Daphne Caruana Galizia’s assassination attracted, which very likely surprised the perpetrators of the crime. Journalists and activists concerned with human rights, focused their attention on the state of play in Malta, making the prospect of a repetition of what was done … Continued
Critical journalists and activists continue to be the target of personal attacks from political leaders they expose or criticise. The public broadcaster acts as if it is the government’s public relations office. TV stations owned by a political party are exploited as a tool for persecution and intimidation of critics, with citizens exposed to political … Continued
