Issue link: https://maltatoday.uberflip.com/i/1519725
12 maltatoday | SUNDAY • 28 APRIL 2024 LETTERS & LAW Letters to the Editor Law Report The right to vote THE right to vote is one of the most fundamental rights of European citi- zens. It is not only about taking part in the political process, but about being included in society and having our voice heard. However, several groups of people are denied this right to vote, since Eu- ropean and national elections are not accessible to them. The European umbrella group, In- clusion Europe, states: "Be it for the electoral campaigns providing informa- tion which is complicated and hard to understand, or for lack of accessibility measures, the general set up of elec- tions often excludes some citizens who therefore cannot exercise their right to vote and take part in elections. This includes people with intellec- tual, sensory and physical disabilities, as well as the elderly and other groups at risk of non-participation due to language or other barriers such as EU citizens living in another EU member state". The elections for the Maltese Mem- bers of the European Parliament are around the corner and, once again, some persons with disabilities will not be able to exercise their right to vote. Some will go to vote but will not be able to do so in secrecy like all the rest. This same situation persists in our general elections. This is unacceptable! We have a situ- ation where some persons with disabil- ities in Malta are 'politely' being re- fused the right to choose the person/s who they trust will work on their issues to make their lives better. Article 3 of Protocol No. 1 of the European Convention of Human Rights states that "Everyone has the right to elect the government of his/her coun- try by secret vote. Without this right, there can be no free and fair elections". MFOPD urges our parliament to put the right to vote for all citizens on its agenda and for both parties to take the same stand on this right - to leave no one behind. Marthese Mugliette President Malta Federation of Organisations of Persons with a Disability Community Chest Fund accounts are audited and public I refer to the opinion piece that appeared on Sunday, 28 APRIL 2024 on your newspaper by Mr Frank Camilleri. Mr Camilleri is quoted as stating that HE the President of Malta should ensure that L-Istrina is audited 'by a professional independent firm in an exercise of trans- parency'. It is to be noted that L-Istrina is only one of a series of events organised by the Malta Community Chest Fund Founda- tion throughout the year. All the fund- raising events held are accounted for and consolidated in the accounts of the said Foundation for that current year. The Foundation has been and continues to be audited by an independent professional firm annually and the audited accounts are uploaded on our website, www. mccf.org.mt, for all to see, including Mr Camilleri. Such statements which do not reflect the true state of affairs, may prejudice the interests of the Foundation with regards to collections thus jeopardising contribu- tions by MCCF to worthy individuals in need of assistance. John A. Huber Chairman, Board of Administrators The Malta Community Chest Fund Foundation JUSTICE delayed is justice denied. This axiom underscores the imperative of a timely judicial remedy, enshrined both in the Constitution and the Eu- ropean Convention on Human Rights, which mandate that individuals are en- titled to a fair hearing within a reason- able timeframe. Nevertheless, it is imperative for liti- gants to ensure that legal proceedings are not needlessly protracted by their actions or oversights. In the recent case of Mark Micallef vs The State Ad- vocate, the plaintiff contended that his fundamental human rights were trans- gressed due to an inordinate delay of 18 years. Mr Micallef was sued to pay a sum which he owed in virtue of a private writing in 2002. The Case was defi- nitely decided in 2020, wherein he had incurred up to €50,000 in legal inter- ests, as well as damages suffered due to the fact that his bank account was frozen by the plaintiff in that case. Mr Micallef filed a constitutional case be- fore the First Hall of the Civil Court in its constitutional jurisdiction, where he was awarded €35,432 in damages. The State Advocate appealed before the Constitutional Court arguing that no human rights violation had subsist- ed and that the quantum of damages awarded to Mr Micallef was too high. The Constitutional Court found that such a delay was unjustified and amounted to a breach of fundamental human rights, agreeing with the Civ- il Court. Notably, the Constitutional Court concurred that such a prolonged delay, particularly in a matter stem- ming from a straightforward private agreement, constituted a flagrant vio- lation of the right to timely justice. The State Advocate contended that the State could not be held liable for the delay, given that the plaintiff had not exhausted all avenues to expedite the proceedings. Reference was made to Article 195(5)(b) of the Code of Or- ganisation and Civil Procedure, which permits a party to petition the Chief Justice to reassign the case to a dif- ferent judge if it surpasses 18 months. However, the Constitutional Court reasoned that the primary responsibil- ity for ensuring timely justice lies with the Court System, and the plaintiff's failure to invoke this provision could not absolve the State of its obligations. Nonetheless, the Court acknowledged the plaintiff's inaction in seeking reas- signment as a mitigating factor in de- termining damages incurred. Furthermore, in assessing the com- pensation owed to Mr Micallef, the Constitutional Court considered vari- ous factors which reduce the amount of damages suffered. It accounted for the fact that notwithstanding that his bank account was frozen, interest at 2% per annum accrued on the sum owed during the lengthy litigation period. The Court further adjusted for infla- tion by referencing the cost of living index found in the Housing (Decon- trol) Ordinance. The Constitutional Court further tempered the compen- sation on the grounds that the case pertained to civil matters rather than criminal ones, and thus of a less seri- ous nature. The Constitutional Court notwithstanding the fact that it found the State responsible for the delay, it reduced the amount of compensation payable to Mr Micallef to €4,000 along with the payment of three fourths of the expenses incurred to file the con- stitutional case. Notwithstanding that the State is obliged and legally responsible to en- sure that justice is served within a rea- sonable time, the parties to a case can- not sleep over their rights at law and must take all the necessary steps to ac- tively pursue the case to ensure that a remedy is brought in a timely manner. Moreover, in calculating the amount of damages incurred by a victim of untimely court proceedings, the Con- stitutional Court will take into consid- eration various factors to calculate an actual loss incurred due to the protrac- tion of a case. Litigants should make use of every remedy available to ensure justice JODIE DARMANIN Junior Associate Mifsud & Mifsud Advocates