The provision in the Constitution of Malta which regulates freedom of assembly and association is section 42 which states:

"(1) Except with his own consent or by way of parental discipline no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade or other unions or associations for the protection of his interests.

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The provision in the Constitution of Malta which regulates freedom of assembly and association is section 42 which states:

"(1) Except with his own consent or by way of parental discipline no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade or other unions or associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision - that is reasonably required - in the interests of defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(3) For the purposes of this section, any provision in any law prohibiting the holding of public meetings or demonstrations in any one or more particular cities, towns, suburbs or villages shall be held to be a provision which is not reasonably justifiable in a democratic society.

The European Convention Act (Chapter 319 of the Laws of Malta) which makes provision for the substantive Articles of the European Convention of Human Rights and Fundamental Freedoms, to be enforceable as part of the law of Malta. Date of entry into force 19^th August 1987.

(ii) Criminal Code (Chapter 9 of the Laws of Malta) which provides that assembly in certain cases can amount to a criminal offence. Date of entry into force 10^th June 1854.

(iii) Public Meetings Ordinance (Chapter 68 of the Laws of Malta) which regulates public meetings and assemblies.

Freedom of assembly can be restricted or suspended in the interests of defense, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the rights or freedoms of other persons; or in the case of public officers (Section 42 of the Constitution quoted above)

The law covers public meetings or demonstrations in any one or more particular cities, towns, suburbs or villages. These can be static or in motion. Gatherings on private property are also allowed.

The law does not lay down specific rules concerning who may organize an assembly because it depends again on the particular activity. However the Public Meetings Ordinance provides in that people under the age of 18 cannot hold a public meeting.

An assembly can be held in a public street, square or open space or on private property. There are no limitations established by law to exclude certain places from the exercise of freedom of assembly.

Whether or not prior notice is required depends on the type of activity. Eg. in the case of public meetings notice thereof in writing must be given to the Commissioner of Police not earlier that 8 days nor later than 48 hours before the meeting who may then make the necessary regulations to cover the activity. Spontaneous demonstrations are allowed. The said notice shall specify whether the object of the notice is a demonstration or any other meeting; the place, date and time of meeting; the name and surname of the person giving the notice and his address.

In the case of public meetings authorization is required from the Commissioner of Police and the Local Councils. An application is made giving details of the activity and then the Authorities will issue a permit/license including regulations according to the type of activity such as the maintenance of good order etc.

An application may be refused for reasons of public order, public safety or public morality. There is no legal obligation on the Authorities to justify refusal but in practice this is usually done. Disputes between organizers and authorities are tackled by the Licensing Appeals Board. Then if any party feels aggrieved by the decision of the Board may appeal to the Court of Appeal.

All acts which breach any provision of any law are punishable. Eg. an assembly of persons that uses defamatory, insulting, disparaging acts or gestures; an assembly of persons that disrupts public safety, public order, public morality or decency. Punishments range from fines to imprisonment.

The police have a very important role in ensuring public order during an assembly. In the case of assemblies which are of an important nature, they are present at entrances and exits of the place where the assembly is held to ensure smooth flow; they are in charge of surveillance of the traffic flow leading to the place; they are spread out in various sections of the place of the activity to monitor each section (some would even be without uniform). They also make sure that the assembly runs smoothly and none of the laws or regulations are breached by the organizers or participants.

By virtue of the Public Meetings Act (Chapter 68) section 14, an assembly may be forcibly dispersed:

- if the person or representative of an association allowed to hold a meeting does not present himself;

- if any seditious cries are uttered constituting a crime against the safety of the Government or against public peace;

- if any offence under the Criminal Code is committed during the meeting

In the case of excess of the limits of use of power by the police criminal proceedings are instituted against the police officers involved. Therefore the State does the necessary investigations. Then depending on the outcome of the case, disciplinary proceedings are taken by the Commissioner of Police himself in the case of police officers in the rank less than a Police Inspector, or by the Public Service Commission in the case of Police ranking from Inspector and higher.

The victim has a right a right at law to seek compensation for the police violence committed. The amount is of course left to the discretion of the court depending on the circumstances of the case.

The analysis is based on information provided by the Permanent Mission of the Republic of Malta to OSCE.

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