Council of Europe Probes Maltese Judicial System After Fenech Acquittal

The Council of Europe has launched a formal inquiry into Malta's judicial system following the acquittal of Yorgen Fenech in the 2017 assassination of journalist Daphne Caruana Galizia. Special rapporteur Shami Chakrabarti is leading the investigation, which aims to address systemic rule of law failures and the nation's continued inability to implement recommended anti-corruption reforms.

International observers have voiced apprehension regarding the verdict, which dismissed both charges against Fenech by an 8-1 jury majority. This development has prompted some officials to suggest the potential application of the EU rule of law conditionality mechanism. Such a measure could result in the withholding of EU funds if Malta fails to demonstrate adequate progress in judicial independence and the protection of journalists.

Inquiry Follows Acquittal

The Council of Europe's investigation, initiated after the recent acquittal, focuses on structural vulnerabilities that continue to expose Malta to high-level corruption and institutional instability. The assassination of Caruana Galizia in October 2017, an anti-corruption journalist, has been a central point of concern, with claims that a mastermind has not yet been held accountable almost nine years later.

According to analysis, Malta, the EU's smallest member state with a population of 600,000, has received €2.4 billion more in subsidies than it has paid into the bloc since joining 22 years ago. This makes the threat of withheld EU funds a significant potential economic consequence.

Unimplemented Reforms Persistent Concern

These include anti-mafia laws and the criminalization of Despite previous findings that the Maltese state fostered a climate of impunity, critical legislative measures remain unimplemented. These include anti-mafia laws and the criminalization of official misconduct, which were among the recommendations from a public inquiry held after Caruana Galizia's murder.

The inquiry led by Ms. Chakrabarti is expected to conclude within one year. She expressed concern over the apparent absence of reforms in critical areas, stating that this situation makes Malta vulnerable to repeated instances of high-level corruption and limits press freedom. The Maltese state prosecutor is understood to be preparing an appeal, seeking a retrial in the Fenech case.