Micallef had since overcome his addiction and deserved the right to prove that his drug problem had motivated his crimes. This article of the law was breaching Micallef’s right of access to a Drugs Court, arguing that this right was enshrined in the Constitution and the European Convention on Human Rights. In her judgement on the matter, Madam Justice Vella Cuschieri rejected as “legally mistaken” the State Advocate’s argument that Micallef’s request was invalid as he had not been charged with drug-related offences, but with fraud. This examination also encompassed Micallef’s other complaints on legal uncertainty and his right to be tried by a Drugs Court, as well as the relevant provisions of the Drug Dependency (Treatment not Imprisonment) Act. It ordered the Criminal Court, after ensuring that the case satisfied the legal requirements, to allow the man to request it convert itself into a Drugs Court.

Source: Libya Today June 30, 2022 13:06 UTC