Ir-RAI dwar it-theddid li irċeviet Daphne. Il-Pulizija għalqu għajnejhom?

Qed jingħad li jista’ jkun li dawk involuti fil-qtil ta’ Daphne huma persuni li jissemmew fil-kitbiet ta’ Caruana Galizia. Ir-RAI qed jirrapporta li l-Pulizija Maltija, bl-għajununa tal-esperti forensiċi Olandiżi u Amerikani qed tifli l-kitbiet (fil-blog) ta’ Daphne b’attenzjoni partikolari għax-xahar ta’ Marzu li għadda fejn hi titkellem dwar theddid.

Ir-RAI qed jgħid li “Un gruppo di esperti sta analizzando in dettaglio tutti gli articoli, sia quelli recenti sia quelli di alcuni mesi fa, in particolare quelli in cui Caruana Galizia si riferisce alle minacce.”

Issa l-mistoqsija loġika u li toħroġ kważi waħedha hi għaliex dawn il-kitbiet li jagħtu dettalji dwar dan it-theddid ma ġewx investigati mill-Pulizija Maltija meta fil-fatt inkitbu u kienu friski? In-nuqqas ta’ azzjoni mill-Pulizija dakinnhar wasslet messaġġ li dan it-theddid ma kienux qed jikkunsidrawh bis-serjetà.

Il-pulizija kienu jafu b’dawn il-kitbiet għax dawn jista’ jaqrahom kulħadd. Allura mhux inkompetenza grassa li tibda investigazzjoni dwarhom issa iktar minn sitt xhur wara? Għaliex il-Pulizja Maltija meta iffaċċjata b’kitbiet li jitkellmu dwar it-theddid ma tawx każ tiegħu? Għalfejn kellu jkun dan il-qtil biex forsi jiċċaqalqu ftit?

Possibli li l-Pulizija Maltija trid l-għajnuna tal-esperti forensiċi Olandiżi u Amerikani biex tifhem u tieħu azzjoni dwar dak miktub fuq il-blog ta’ Daphne? Inkompetenza ikbar minn din ftit hemm possibilità li nisimgħu biha. Għalhekk ir-riżenji huma meħtieġa, u mhux biss tal-Kummissarju tal-Pulizija.

Għal dak li qalet ir-RAI agħfas hawn.

Dealing with Environmental Crime

published July 9, 2011

 In late 2008, the European Union, through a joint decision of the European Parliament and the Council of Ministers, adopted Directive 99/2008 “on the protection of the environment through criminal law”.

Member states had to implement this directive by not later than December 26, 2010. Malta, together with 11 other EU member states, did not comply. As a result, on June 16, the EU Commission issued a warning to all 12 states to comply within two months.

The EU directive on the protection of the environment through criminal law does not create new environment legislation. It aims to consolidate existing laws through harmonising penalties that should be inflicted as well as by ensuring that these penalties are really a deterrent.

Annex A to the directive lists EU legislation (some 70 directives and regulations) subject to this directive’s provisions. This is wide ranging and includes legislation regulating waste, GMOs, air quality, quality of water for human consumption, use of sewage sludge in agriculture, use and transportation of hazardous materials, protection of water from nitrates originating from agriculture, trade in endangered species and many others.

Within EU structures, the Maltese government opposed provisions of the proposed directive. So it is no surprise that this resistance is also reflected in the implementation process. This gives a new significance to the Maltese government’s declarations on the importance the environment has in its political agenda.

During the discussion stage in the EU structures, representatives of the Malta government expressed a view contrary to the harmonisation of sanctions primarily on the basis of the economic disparity across the EU member states.

The impact assessment produced by the EU on the proposed directive had emphasised that, in the EU, there are three areas that organised crime focuses on to the detriment of the environment. These are illicit trade in ozone depleting substances, illicit hazardous waste treatment and disposal and illicit trade in endangered wildlife species. A study entitled Organised Environmental Crime In EU Member States (2003) quoted by the EU impact assessment also states that 73 per cent of researched environmental crime cases involve corporations or corporate-like structures.

Organised environmental crime, which has a turnover of billions of euros in the EU, can have a devastating effect on the economy. There are various examples which we can draw upon. The case of the contaminated mozzarella in the Naples environs in March 2008 is one such example. Organised crime pocketed substantial landfill charges for the handling of toxic and hazardous waste, which was subsequently dumped in areas that were reserved for the grazing of buffalo. The resulting buffalo mozzarella was contaminated with dioxin. The impacts on the mozzarella industry were substantial.

Proof of the operations of the eco-Mafia has also surfaced some time ago when Francesco Fonti, a Mafia turncoat, took the witness stand against the Calabria Mafia. We do recall information given as to the sinking in the Mediterranean of about 42 ships laden with toxic, hazardous and nuclear waste. One of the said ships has been located and identified off the coast of Reggio Calabria.

This network of organised environmental crime is so vast that, at a time, it also dumped toxic, hazardous and nuclear waste in Somalia. The warlords in the Somalia civil war were financed by the eco-Mafia. They supplied them with arms in return for their consent to the dumping of the toxic, hazardous and nuclear waste. Italian journalists (RaiTre) who had tracked down the shipments were shot and murdered in Mogadishu.

The dumping of toxic, hazardous and nuclear waste in the Mediterranean Sea can have very serious impacts on Malta. It contaminates what’s left of fish stocks but also, depending on the location used for dumping, it can impact Malta’s potable water, 60 per cent of which originates from seawater processed by reverse osmosis plants.

Given these serious impacts I would have expected that the Maltese government would be at the forefront in implementing the directive on environmental crime in order to ensure that issues of cross-border organised environmental crime are adequately tackled. It is indeed very unfortunate that the tools which the EU provides so that Malta can protect its real interests are continuously ignored. One cannot help but ask why.

Law firm Hugo Lepage & Partners, in a comparative study commissioned by the EU Commission and entitled Study On Environmental Crime In The 27 Member States (2007), repeatedly identifies penalties for environmental crime in Malta as being at the lower end of the scale in the EU. The message that gets through is that environmental crime is treated lightly in Malta. Malta is not alone in this respect: it enjoys the company of a small number of other countries.

Environmental crime should be punished through penalties that are effective and proportionate to the environmental damage carried out or envisaged. It is in Malta’s interest that this is done expeditiously.