Statement by Ministry of Justice and Local Councils

With reference to the recent press communication issued by 'Daritama' it is to be noted that Mr Anthony Satariano is being kept in prison in accordance with the Extradition Act after due process before the Maltese Courts. The Minister of Justice and Local Councils has not yet determined finally whether Mr Satariano should be extradited or otherwise as Mr Satariano is challenging the various court decisions that there are grounds for his extradition, and the Minister has deemed it proper to await the outcome of the proceedings instituted by Mr.Satariano.

Mr Satariano was not arrested before the proper documentation required to support the request for his extradition in court were received in Malta. The only logical conclusion that may be derived from that, is that it is not desirable to arrest a person unless one is sure that it is possible to conclude the procedures required. Any other action could possibly be vexatious. Some, but not most, countries prohibit extradition of their own citizens. In most cases where this is the case the domestic courts themselves have jurisdiction to try the person whose extradition is requested even though the offence may have been committed abroad.

The Minister will at the appropriate time take all factors into consideration when he comes to decide finally whether Mr Satariano should or should not be surrendered, among these not only the maximum sentence that may be inflicted, but also the probable sentence that is awarded according to sentencing policies in force were Mr Satariano to be found guilty.

The extradition procedures have been finalised in court some time back and it is only because the Minister is awaiting the outcome of the various other judicial actions taken by Mr Satariano that the time before a final decision is taken is being lengthened. No provision exists at law under which bail may be granted to Mr Satariano. Our law as it stands today prohibits the grant of bail to Mr Satariano.

It is not morally justifiable to allow citizens of Malta to break the law of other countries on the pretext that if they were to be imprisoned in that country they would be separated from their families. Various foreign nationals are serving prison sentence in Malta for various crimes and nobody would dream of letting them off on the basis that it is immoral to keep them away from home.

If the courts decide that the extradition treaty with the USA is not valid, the Government will take appropriate action, including if needs be the negotiation of another treaty. However such a matter is for the courts to decide and not the executive or an N.G.O.

There is no indication that Mr Satariano may not get a fair trial in the USA with all constitutional rights that are guaranteed to every individual. This is an aspect that the Maltese Courts may enter into before allowing extradition.

Mr Satariano was free to marry Miss Kyle, the mother of his child, even during his detention in prison. The Civil Code also provides means whereby the father of a child born to an unmarried woman may acknowledge his child. If Mr Satariano chooses to acknowledge his child, he will appear on the birth certificate of the child born to him outside marriage.

Security arrangements with respect to Mr Satariano have not been harsh in any respect, and they are standard procedures with regard to all persons legally detained at C.C.F.

Other complaints made with regard to Mr Satariano's case by Fr Montebello stem from the need to detain persons suspected or convicted of having committed a criminal offence. If one were to take Fr Montebello's arguments to their logical conclusion one would abolish prisons and other places of detention for criminals of all sorts. We would then have all kinds of people, possibly also Fr Montebello, complaining on behalf of honest persons who are being defrauded or otherwise becoming the victims of criminals who are free to act with impunity.

It is part of international civilized practice that states help each other in the fight against crime and do no let their citizens escape back home after having committed serious crimes abroad. It is today the accepted international practice to extradite such persons, after due process, for judgement.