Copyright maltatoday
The Civil Court has rejected a constitutional lawsuit filed by a woman who argued that her rights were violated during a 16-year-long criminal case concerning serious sexual offences and the corruption of a minor. Anna Maria Jimenez, 42, was brought before the Magistrates’ Court in June 2008, and was found guilty of several offences, including participation in sexual activities with a minor, keeping a brothel, and ordering others to commit prostitution. She was initially sentenced to four years in prison in 2016, with the sentence later increased to six years by the Criminal Court of Appeal in April 2024. In her constitutional application, filed against the Commissioner of Police, the Attorney General, and the State Advocate, Jimenez alleged that her rights under the Constitution of Malta and the European Convention on Human Rights were infringed. She claimed that the length of the proceedings caused significant psychological harm, restricted her liberty under house arrest and curfew for over 14 years, and resulted in financial losses. The court, presided over by Magistrate Joanne Vella Cuschieri, rejected all allegations. While acknowledging some delays, particularly during the appeal stage, the court concluded that the majority of the 16-year duration was attributable to the defence’s own requests for adjournments and procedural delays. The court also found that the restrictive conditions imposed, preventive arrest, house arrest, and curfew, were proportionate to the seriousness of the charges and were varied over time, including permissions to travel when requested. Regarding financial claims, the court found no evidence to support losses related to Jimenez’s taxi business investments, noting that any financial risk during ongoing criminal proceedings was foreseeable. In its final decision, the Civil Court upheld all exceptions raised by the Respondents where applicable, dismissed all claims of constitutional violations, and ordered that all court costs be borne by the Applicant, with limited exceptions for procedural matters.
