The Daphne Caruana Galizia inquiry : a legal analysis

Abstract

The ‘parens patriae’ doctrine denotes the cardinal principle that the State is bound by the so-called duty of care vis-à-vis its citizens who are unable to defend themselves. As per Article 2 of the European Convention on Human Rights, which the Maltese State is a signatory to, the State has the legal obligation to protect all individuals from any harm which may befall on them. The State is also bound under Article 2 of the European Convention on Human Rights to investigate in case of suspicious deaths, any shortcomings by the state and its entities. The first part of this dissertation aims at familiarizing the reader with the difference in nature of magisterial and public inquiries. It then goes on to analyse the role and function of a public inquiry. The second part of the dissertation analyses the three terms of reference that the board was tasked to determine any state responsibility and shortcomings. After discussing the Conclusions reached by the Board of Inquiry for every term of reference, the recommendations put forward by the Inquiry Board to strengthen particularly the Rule of Law in Malta and having a safe enabling environment for investigative journalists were analysed.