An assessment of the application of the right to liberty and security of the person in Malta

Abstract

The aim of this study is to determine whether in Malta there is a general compliance with the right to liberty and security enshrined in the European Convention on Human Rights. It first establishes what is required at national level to ensure Convention compatibility by examining the criteria developed through the case-law of the European Court of Human Rights in Strasbourg. It then goes on to examine Maltese law and jurisprudence in light of these principles. Malta has been found to be in violation of the right to liberty and security of the person on a number of occasions. The deficiencies highlighted by the ECtHR and which have led to a violation of article 5 have not been remedied. This study further identifies other areas in the law which do not comply with the right protected by article 5 ECHR.