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ECHR cases: X v Malta

01 November 1993

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In December 1983 Mr X's home was raided after police received information that weapons were to be found there. Nothing was found, but Mr X was arrested and detained for 46 hours. The Constitutional Court of Malta upheld his complaint that he had been subjected to inhuman and degrading treatment during interrogation, and that his arrest and detention had violated his constitutional right against arbitrary arrest. But they found that the search of his home was not contrary to the constitution, which allows premises to be searched "when reasonably required in the interests of public order". Mr X complained in May 1991 to the European Commission on Human Rights, alleging a breach of his right to respect for family and private life. On 17 February 1993 the Commission declared his complaint admissible.

Human Rights Law Journal vol 14 nos 7-8 30.9.93.

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