Issue link: https://maltatoday.uberflip.com/i/1541747
I was recently shocked by for- mer European Court of Human Rights Judge Giovanni Bonel- lo's attack on members of the judiciary. He described them as "midgets in gowns" who, ac- cording to him, "have peppered their judicial mania to protect at all costs with idiotic mantras which they manically pluck out of thin air." He even referred to our judges and magistrates as "boot lickers." In this opinion piece, Judge Bonello criticises recent court decisions on human-rights breaches and insists that con- stitutional law provides not only for redress after violations occur but also for their preven- tion. According to him, this preventive responsibility is not being fulfilled by our courts, and citizens are therefore not being protected in the first place. This is a point that, in prin- ciple, deserves discussion. I welcome an open debate on how best to prevent violations before they occur. Interim measures can be vital in ur- gent cases, and it is legitimate to discuss when they should be granted, how courts assess ur- gency, and whether procedures can be strengthened. A mature democracy does not fear this conversation. I welcome it. Where I strongly disagree is with the tone and method adopted. The judiciary is a con- stitutional pillar. You do not protect human rights by pub- licly mocking judges, presum- ing bad faith as a default, or portraying the bench as a car- icature. Judge Bonello's experience in Strasbourg is acknowledged. However, he has not served as a sitting judge in our do- mestic courts, and therefore has not carried responsibility for the day-to-day realities of Maltese court administration, caseloads, and procedural con- straints. I respect the work done daily by magistrates and judges, and I believe Malta has a solid and impartial system. Of course, we must continue to invest in and reform our courts, but we should also acknowledge the dedicated professionals who work within them every day. Let me state this with full clarity: I respect each and every member of the judiciary, and I condemn the disparaging terms used in Bonello's article, because they undermine pub- lic trust in the very institution tasked with safeguarding rights. Malta is continuously scru- tinised internationally. When commentary unjustly paints our courts as wilfully hostile to human rights, it is not only do- mestic confidence that suffers, it also affects Malta's standing abroad and the credibility of our judicial system. Criticism should push reform forward, not broadcast contempt that can be weaponised outside our shores. I hope this was not the author's intention. It is important to ground this debate in facts. Under Justice Minister Jonathan Attard, Mal- ta has pursued reforms that strengthen the rule of law, co- operation, and judicial capac- ity. Malta's Council of Europe Presidency delivered the Val- letta Protocol, signed by mul- tiple states, enhancing legal cooperation and modernising cross-border justice. The same period saw judicial modernisa- tion efforts and investment in credibility and efficiency, with Malta gaining traction inter- nationally for institutional im- provement. Government has continued issuing public calls and appointments to strength- en the bench and address work- load, as part of sustained in- vestment in the courts. One may still argue for faster progress or different priorities, but the narrative that Malta is indifferent, or worse, hostile to human-rights protection is contradicted by the reform re- cord. As a member within the Parliamentary Assembly of the Council of Europe, I take our obligations seriously. Malta's reforms and international en- gagement are not cosmetic, they reflect a genuine commit- ment to higher standards. What is even more shocking than Giovanni Bonello's attack on the judiciary is the Oppo- sition's silence, a deafening si- lence that speaks volumes. If the Opposition truly cared about defending the judiciary, we would have heard an im- mediate condemnation of the rhetoric used against our judg- es. We did not. Their silence stands in stark contrast to their loudness when it suited them politically. Only weeks ago, the Op- position accused the justice minister of "attacking" or "in- fluencing" the judiciary in a different controversy, when Attard rightly appealed to the Judicial Appointments Com- mittee to avoid appointing can- didates whose selection could have created unnecessary con- troversy. For that comment, the Opposition's condemnation was immediate, they claimed that the minister's remarks "do nothing to serve the judiciary or the justice sector, and in fact undermine the work of Malta's judges and magistrates." If there are comments that clearly undermine the work of Malta's judges and magistrates, these are Bonello's personal at- tacks. Yet, wonder of wonders, the Opposition's reaction was nil. The Opposition cannot claim to defend the judiciary when it is politically convenient and then look away when it is pub- licly ridiculed. This double standard does not serve justice, and it certainly does not serve human rights. Let us have the debate on in- terim measures. Let us improve procedures where improve- ment is needed. Let us keep pushing for the prevention of breaches and effective reme- dies. But let us do so without eroding respect for our courts, without implying that judges are enemies of rights, and with- out giving Malta an interna- tional reputation that is neither fair nor accurate. Above all, I appeal that in this discussion full respect for everybody's human rights is maintained. Even Section 41 of the Constitution of Malta, which grants the right to free- dom of expression, is limited under sub-article (2) where that freedom damages the rep- utation and rights of others. Human rights flourish only where institutions are strong and institutions remain strong only when the judiciary is not attacked irresponsibly or mali- ciously. Respect for members of the judiciary Ramona Attard Labour MP 10 maltatoday | WEDNESDAY •3 DECEMBER 2025 OPINION The opening of the forensic year October 2025 (Photo: James Bianchi/MaltaToday)