Europe

The couple wins compensation as the court convicts prison authorities for degrading and inhumane treatment



Prison prisoners and his girlfriend were allegedly violated by court authorities refusing to allow men to leave for their marriage, their rights to their private and family life. After declaring, I was given compensation.

The court also conducted a television interview after he filed a constitutional proceeding against prison authorities and after conducting a television interview about the cases in which his girlfriend constitutes an inhumane and degrading treatment. Declared the transfer of men to.

In 2019, Yousef Essesi and Meliza Muscat filed a constitutional proceeding against the director of the Corradino Correctional Facility. In court application, Essesi is naked and mattressed.

Essesi was sentenced to imprisonment after being convicted of stealing jewelery, cash and other items from two Gzira homes in 2014 and 2015. She was also convicted of harassing a woman in 2018.

The court heard that while in prison, Essesi was involved in numerous battles with fellow inmates and was given additional prison time to attack prison officers. He had at least 107 disciplinary actions pending in front of the prison director.

When seated in January 2020, then-prison chief Colonel Alexander Dali testified that Essesi was involved in the fighting just three days before he was seated. During that seat, Dali said he was given prison leave at the discretion of the prison director and decided not to give him essay leave because of his “totally rude behavior in prison.”

Essesi testified in October 2020 and told the court that his “torture” began between January and August 2018. At the time of a lesser-used parcel of a prison that Essesi claimed to be underground. This was denied by the prison director.

Essesi told the court that he had been “abandoned” underground for six months and was told that it was for his own protection. Detainees also claimed to have considered suicide, but were denied access to a psychiatrist.

Essesi was initially given prison leave to marry, but this permit was revoked by the prison director just 10 days before the wedding after Captain Dali was appointed as prison director in 2018. By that time, his fiancé, Meliza, had already purchased her wedding dress and had everything ready.

The volte-face The court was told that it happened after Dali read the prison file of the prisoner. Prison leave is typically granted on the advice of the Prison Leave Advisory Board and must be at least six months after the prisoner last violated the prison rules.

“Essesi took the refusal badly because Meliza was being humiliated. He was trapped and sprayed with pepper spray.” He was then transferred to Division 6, known as the Punishment Division, where he was sentenced. The person was detained for 23 hours a day and allowed to make one call every 10 days.

There Essesi rebelled, damaged the division, and was then transferred to Division 5, which was normally reserved for life imprisonment inmates. He spent 60 days there.

The court was told that he spent the next two months without being able to contact his fiancé until he was paid € 927 to repair the damage.

Essesi was later moved to Division 13, where he spent the next six months. During that time, the violation was reported only once.

Essesi again sought permission to marry his fiancé, which was immediately dismissed by Orthodontic Captain Elenio Galea, he told the court.

After consulting with his fiancé, he filed a judicial protest, which was reported in the media. As soon as the director learned of the judicial protest, the prisoner was sent to Section 6 for no reason.

“On my way to Division 6, I met the director. He taught me the exact words:

“When asked if these words were said during the cross-examination, the director said he was evasive and did not remember,” the judge said. Essesi said the court was reported that he had been stripped naked to avoid the risk of committing suicide with his clothes, but in such cases, unbreakable clothes were usually issued.

Another result of the judicial protest was that his fiancé was banned from prison and the letter she sent to him was confiscated. She was also not allowed to wash his clothes or send him food, the court said.

After Meliza appeared on the TV show Xarabank to talk to her about Essesi, Essesi was soon moved back to Division 6 where she spent three days, but this time she was given a mattress.

He was then sent to Division 3, where one of the Arabs he fought was also detained.

Judge Grazio Mercieka said in a ruling in this case that European law in a similar case could justify the refusal of prison leave only to maintain order in prison or prevent further crimes from being committed. Claimed to have proved.

The dim view of prisoners getting married by prison authorities should not prevent this from happening, nor was it public opinion, the judge said.

The judge noted the contradictions in the objections raised by the director, “I am morally convinced that the director does not really want the marriage to take place. [Essesi’s] Paid leave was just an excuse. “

“The prison chief took on a function that wasn’t him.”

The judge said the situation constitutes a clear infringement of the defendant’s rights: “The director was taking on a job that was not him. If he really felt that the marriage should not take place. He should have opposed it before he was capable. ” Authorities when the wedding ban was announced. “

Just 10 days before the wedding, the director’s change of mind was celebrated as “showing not only the prisoner but also his partner a great deal of insensitivity, at least equivalent to inhumane and degrading treatment.” Was there.

However, the judge said the allegations of torture made in light of the prisoner’s solitary confinement were unproven and dismissed. Although cell confinement can destroy people and lead to inhumane treatment, courts said European law allowed a “very strict regime.”

The conditions that Essesi held were “severe isolation, but not serious enough to violate Article 3. [inhuman and degrading punishment]”He met Meliza in the meantime, so his isolation was not absolute, the court pointed out, adding that he was isolated for his own safety after entering the battle.

“Youssef was not isolated by Dali, but by Dali’s predecessor,” the court said, justified by the need to maintain prison discipline and protect other inmates. Arbitrated.

The transfer of Essesi to Division 6 after an interview with Xarabank was “not done for good reason, but to repay him,” the judge said, again inhumane and dignified. It is a hurtful treatment and is a prison authority.

The court gave Essesi € 1,000 and his fiancée € 500 as punitive damages.

Lawyers Edward Gut, Mark Vassarro and Sean Zamit starred in Essesi.



https://www.independent.com.mt/articles/2022-05-03/local-news/Couple-wins-compensation-as-court-finds-prison-authorities-guilty-of-degrading-and-inhuman-treatment-6736242664 The couple wins compensation as the court convicts prison authorities for degrading and inhumane treatment

Show More
Back to top button