A Council of Europe investigation into Malta’s judicial system has commenced following widespread concern over the acquittal of Yorgen Fenech, a wealthy businessman, in connection with the murder of investigative journalist Daphne Caruana Galizia. The verdict, which dismissed all charges against Fenech by an 8-1 majority, has prompted calls for intervention from EU institutions and raised questions about the integrity of Malta’s legal system.
Shami Chakrabarti, a peer and human rights advocate appointed as special rapporteur for the inquiry, expressed alarm at the decision during the investigation’s opening hearing. The journalist’s family members testified that the public and many observers were stunned by the outcome, with Matthew Caruana Galizia noting that most Maltese citizens who reviewed the evidence believed Fenech was complicit in the crime. Malta’s state prosecutor is reportedly preparing an appeal seeking a retrial.
During the inquiry’s first session, Council of Europe representatives voiced serious concerns about the ruling and its implications for democratic values. Some lawmakers suggested that the European Union consider applying financial pressure through its rule of law conditionality mechanism, similar to measures previously used against Hungary. As a net recipient of EU funds that has benefited significantly since joining the bloc, Malta could face consequences if reforms are not implemented.
Chakrabarti indicated that her investigation would examine why Malta has failed to implement recommendations from a previous public inquiry conducted after the assassination. That inquiry had found the state bore responsibility for creating an environment of impunity, despite lacking evidence of direct state involvement in the murder. Recommended reforms include adopting Italian-style anti-mafia legislation and establishing new criminal offenses related to obstruction of justice, measures that have yet to be enacted.
The investigation, expected to conclude within a year, comes amid concerns that the verdict has increased anxiety among journalists continuing to investigate corruption and may deter future investigative work in the country.
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