Government on Tuesday discussed a draft bill which proposes amendments to Article 15 (5) of the Extradition Act (Chapter 276), which regulates the extradition process.

Justice Minister Jonathan Attard tabled the bill after agreement with the Whips from both sides of the House, the amendments of which will provide a uniform procedure for all those accused of committing a cross-border crime, regardless of whether they are in a European Union member state or not.

"As a nation, we have always felt that a person accused of a crime should be given the same rights regardless of the procedure used against him," Attard said, adding that extradition law plays an important role in transnational crimes.

He said that although the necessity of extradition is fundamental in cross-border cases, the procedures used between member states and between a state that is not a member of the European Union vary, and that this brings debates about the duties of the states and the rights of the accused who are about to be extradited.

"Extradition over time has clearly demonstrated its absolute necessity to maintain public order on an international level, especially when considering that a person who commits a crime may flee the scene of the crime through various means or might not even be in the country where the crime was committed," Attard said.

Attard said he believes that extradition procedures at the European level are stronger than those attributed in the case of extradition to a third country; therefore, government is presenting various amendments of article 15 of the principal Act.

The first amendment addresses Informed Consent which mandates that individuals brought before a remanding court must be informed of their right to give their consent to extradition.

Attard said that the court is required to explain the procedure following such consent, while ensuring that individuals understand the implications of their decision.

This procedure is already mandatory in cases of extradition following a European arrest warrant under Regulation 11 (2) of the Extradition Designated Foreign Countries Order, it was said.

The second amendment government is proposing concerns the Warning of Legal Consequences.

Government is proposing strengthening the requirement for the court to warn individuals about the legal consequences of their declaration of willingness to be extradited.

This change emphasizes the importance of informed decision-making and aims to prevent coercion or misunderstanding, Attard said.

Another amendment government proposed deals with dispositions regarding previous declarations in cases where a person is still awaiting extradition from Malta, at the time this law comes into effect.

The amendment introduces a provision that allows individuals awaiting extradition, after having made a declaration voluntarily accepting extradition, to withdraw this consent and be allowed to contest their extradition within a specified period (a 15-day period from the entry of the amendment).

Attard said that the Criminal Court of Appeal must accept the request made under this provision and order that the acts of the proceedings be sent back to the remanding court within three days so that the applicant may be allowed to contest the extradition request.

He said that once transmitted to the remanding court, the provisions of this article and any applicable term regarding the arrest of that person or the extradition procedure will restart and commence anew as soon as the proceedings' acts are received by the remanding court.

Attard said that the Extradition Act represents a vital component of Malta's legal framework for addressing transnational crimes and fostering international cooperation.

It establishes clear procedures and safeguards, seeking to balance the need for accountability with the protection of individual rights, he said.

"While challenges remain in its implementation, which we are actively addressing as demonstrated by the amendments we are introducing today, its commitment to human rights and justice highlights its importance in the global fight against crime," Attard said.

He said that the Extradition Act will play a crucial role in shaping the future of international law and justice, and not only serve as a legal instrument for Malta but also reflects broader principles of justice, cooperation, and human rights that are essential in today's interconnected world.

PN MP Karol Aquilina said that the PN would be voting in favour of the amendments, save for some proposals on clarifications and wording of the bill.

He said that while it is positive to remain aware of all that is happening, and intervene where necessary in a legislative way, legislators should not wait around to push forward defective laws which need amending.

"There are several laws the courts warned about, and there is no system which imposes upon us to do something about these laws, and it is time for a discussion we cannot ignore," Aquilina said.

He said that Parliament should do all it can to improve the justice system as each government builds on his predecessor's positives and improves.

Aquilina said that Malta must ensure its justice system does not rest on that of another country's justice system with regards to persons facing extradition for a crime they are accused of.

He said that a message should be sent that Malta is a sovereign and independent country which has faith in its justice system, despite its defects.

Aquilina said that the PN will continue offering proposals to government to further improve laws, so it is the best it can be.

The motion passed unanimously and will now go to the Consideration of Bills Committee.

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