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ADDRESS BY THE MINISTER FOR HOME AFFAIRS DR. TONIO BORG DURING THE INAUGURATION OF THE NEW ADMINISTRATIVE COMPLEX AND LOCK UP AT POLICE HEADQUARTERS FLORIANA 17 JULY 2001

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Date Icon 18/07/2001

Honourable Colleagues,
Your Excellencies,
Permanent Secretaries,
Commissioner of Police
Ladies and Gentlemen,

The idea of this project which is being inaugurated this evening was born in virtue of a Cabinet Decision of the 11th September, 1995. On that date Cabinet approved in principle my recommendations to construct a new Administrative Complex and Lock-Up at Police Headquarters. In my submissions to Cabinet, I had described the situation as it was then. In fact at that time the offices of the Vice Squad, Interpol and the Forensic Laboratory and the Criminal Investigation Department were housed in 11 stores constructed in the form of huts. All were plagued, in different degrees, by widespread dampness and the situation bordered on the desperate. These stores were 34 courses high, though only 10 courses could be put to use, and the dividing walls were, in several areas, 10 feet wide, with the consequence that only a third of the surface area could be utilised.

The lock-up was in an even worse situation. It consisted of 26 cells crammed in two of the aforementioned stores. Not one of the cells had any direct access to ventilation or natural light. There were no sanitary facilities in any one of the cells.

In 1994 a local Court in a 1986 case stated as follows:-

‘The Court was concerned about the condition of the lock-up at Police Headquarters which in its considered opinion is such, that in its global effect, may be qualified as constituting an environment which degrades the human person and his personality.’ (Joseph Azzopardi vs Commissioner of Police 14.12.94)

The Court observed that after its visit to the lock-up, it was of the opinion that:

‘there were several facts, which immediately and patently, are repugnant to the feelings of anyone who cares about the proper treatment of the human being even in basic matters’

The Court criticized the restricted amount of light in the cells, the dearth of sanitary services, the lack of air circulation and natural light and the lack of ventilation. The Court then added:-

‘The cell was lacking light and ventilation to the point that the detainee is kept all the time under artificial light, like chickens housed for production’.

In its 1990 Report, the Committee for the Prevention of Torture (CPT) observed the following about these very premises:-

‘The cells are very small, poorly lit, and oppressive in design’

and even condemned further the fact that this site, which barely offered decent accommodation to whoever was kept there for 48 hours, accommodated also illegal immigrants who spent on some occasions entire months in detention.

In 1995, the CPT reiterated the following:

‘The Committee wishes to stress that the lock-up cannot be said to provide satisfactory conditions of detention for persons held for police questioning’

In the light of the above, Cabinet took the wise decision way back in 1995 to construct this Complex and in the 1996 Budget, Lm800,000 were allocated for Police Capital Expenditure, indeed a record sum which would cover in part the expense for the commencement of construction of this new edifice’. Today this Complex will not eliminate the problems which have caused us so much embarrassment as a civilized country, but will also house, in a much better environment, the offices of the special squads and divisions of the Police Corps.

An investment of this type has two main merits. First of all the working environment of our Police Officers is being improved, irrespective of rank. This should increase the job satisfaction of the members of the Force, and may I dare say, their productivity. Secondly, we are publicly declaring that today’s Police Force, while fully committed to enforcing law and order in the fight against crime, is also committed to the principle that this fight is executed with legal means and in virtue of the law and in respect of human rights.

Winston Churchill once said:-

‘The mood and temper of the public with regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country’

If this is true in respect of prison detention for persons sentenced by a Court, it is even more applicable to the detention of arrested persons who are only suspected of having committed a crime at this preliminary stage of the investigation, the presumption of innocence is even stronger and therefore it is only fair that nothing should be done to deliberately harass or intimidate the arrested person, not even through the material surrounding conditions of such person’s detention.

All this may appear as an exercise in hair-splitting or faint-heartedness by those who consider the fight against crime to justify all, including the concealment of faults and irregularities. I do not view things this way. Nor does Government. That is why we are opening this Complex today to strengthen the fight against crime; but this Complex will be guaranteeing dignified conditions to those who will work here, or be accommodated within the precincts of these premises, public officials and private citizens alike.

The responsibility for the fight against crime does not fall only on the shoulders of the Force; it is also shouldered by the legislator, the Administration, and finally it is our responsibility as well.

I must say that the Police Force has registered significant successes in the fight against crime, particularly that against drug trafficking. I shall only state that in the first six months of this year, 268 persons were arraigned in Court on drug possession, a 34% increase over the entire 12 months of last year, 140 were arraigned on drug dealing charges, a 28% increase on the entire last year; during the first half of this year, more people were arrested on drug charges than in the whole of last year. 271 judgments were delivered as compared with 254 for the whole of the year 2000. I am also glad to note that in the first 6 months of this year the rate of reported crime has gone down each month compared with last year.

On 26th June 2001, following the publication of a White Paper in October 2000, a Bill was presented in Parliament containing 155 clauses and constituting an entire revision of the Criminal Code.

This revision introduces for the first time the crime of conspiracy, that of association to commit a crime, the crimes of usury, trafficking in human beings, racial hatred, child pornography, and the deliberate or reckless transmission of infectious diseases, the crime of bribery and corruption in the private sector, the specific offence of ill-treatment and negligent upbringing of children, the offence of trading in influence, and that of failing to pay alimony in breach of a matrimonial agreement.

We shall be strengthening the standing of crime victims who for the first time will enjoy the right to be present in all stages of the criminal proceedings and to be assisted by a lawyer in most cases. Besides a victim of crime may request the Attorney General to appeal from any judgement of the Magistrates’ Court. The Attorney General will be granted the right to appeal from any judgement of the Magistrates’ Court. He may also request a court to authorise special investigations, the freezing and forfeiture of assets, in offences carrying a punishment of more than one year imprisonment.

In order to create division amongst the solidarity between crime perpetrators, and to assist the victims of crime, the Bill provides for decrease in punishment in favour of those who make good for the damage or loss they cause in cases of theft, fraud and voluntary damage to property, provided they reveal the identity of their accomplices.

We must however also maintain a proper balance between the rights of the individual and those of society. Therefore, for the first time ever, all arrests and searches, except in urgent cases, shall require the issuing of a warrant signed by a Magistrate. The arrested person shall have the right, through the Police, to communicate the fact of his arrest to any relative, if he so desires. Such person shall have the right during the time of detention at this Complex which we are inaugurating today, to be examined by a doctor of one’s own choice, and above all to consult a lawyer of one’s own choosing for one hour prior to any interview by the Police. The law relating to bail is being reformed so that at the first sitting, the accused may request bail even on verbal request. Besides the practice relating to ‘habeas corpus’ is being clearly incorporated in written law.

In these past three years, Government has increased capital expenditure by 40% in the first Budget of this Legislature, and maintained the same level in the capital expenditure financial vote for three years. This meant that the expenditure related to this Complex, which almost reached the one million line figure (Lm900,420) did not prejudice the purchase of equipment and vehicles employed in the fight against crime. I am happy to announce that a computerised fingerprint comparison equipment has been installed, which should produce results in the near future.

Besides, recurrent expenditure increased by 26% in three years, while three recruitment calls were made, and a fourth has been issued. In these four recruitments, applicants, for the first time, need to possess at least three ‘O’ levels (Maltese and English being compulsory) and in the last recruitment call, height has been eliminated as a qualifying factor, though it will be taken into consideration.

Ladies and Gentlemen,

The new Complex which is being inaugurated is animportant step. However no building alone will fulfill its purpose, if those who work in it are not properly motivated in their work. And no Police officer alone, nor any squad on its own may reach their goals, if they do not enjoy the trust of the general public. This confidence has been confirmed in recent opinion surveys, but it must be won and acquired day by day.
It is acquired by discipline, by example, by the wayPolice officers treat the general public, even those who fall foul of the law. Treating people in an abrupt way damages the Police image in the same measure as an act, however small, of human solidarity enhances such image when the Police show mercy and comprehension in moments when the members of the general public seek such assistance.
My vision of the Police force is not one based onvengeance. It is one based on law enforcement without fear or favour but endowed with a human style, free from any Shylock inflexibility; firm but full of comprehension.
May the important step which is being made todayfulfill this vision.
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