Claim filed against the Maltese State over detained migrant’s brutal death

Lawyers from the Public Interest Litigation Network earlier today filed a constitutional case on behalf of the minor daughter of Mamadou Kamara, who died at the age of 32 in 2012 while in the custody of Detention Services and Armed Forces of Malta personnel.

Kamara – or Zoto as he was known to his friends – died in the back of a detention service van after being repeatedly kicked in the groin.

Forensic expert Mario Scerri had established that the Malian died as a result of the blunt trauma he sustained, which in turn triggered a vasovagal attack.

PILN lawyers Eve Borg Costanzi and David Edward Zammit filed the constitutional case, which claims a violation of Article 2 of the European Convention on Human Rights and Article 33 of the Constitution of Malta, which protect the right to life.

Sergeant Mark Anthony Dimech and Gunner Clive Cuschieri were charged in 2012, with Kamara’s murder but criminal proceedings against them are still ongoing over a decade later.

An independent inquiry published in 2014 concluded that the AFM personnel had used excessive force which led to Kamara’s untimely death.

Dimech and Cuschieri are out on bail and both remained on the AFM payroll after being charged. Dimech retired from the AFM in 2018 after 25 years of service, while Cuschieri remains a Lance Bombardier at the AFM.

Kamara’s death, which happened under the responsibility of the State, and as a result of action by State agents, could have been avoided, Kamara’s family contends.

The family also says it has not been kept informed on the investigation into his death and, eleven years after his killing there have been no repercussions for those responsible.

Dr Borg Costanzi recalled, “I was still a law student when Mamadou Kamara’s killing took place.

“At the time I thought, this is such a blatant breach, I hope the family are in touch with a human rights lawyer so that the authorities are held to account and they can achieve some form of justice.

“I never imagined that, 12 years later, I would be filing that case myself. The violation – still blatant – is now aggravated by time.”