Police officer dismissed after organising unauthorised fundraiser for sick son — ECHR rules disciplinary tribunal lacked independence — €15,000 awarded
European Court of Human Rights (Third Section) · President: Georgios A. Serghides · 8 October 2019
Grace Gatt joined the Malta Police Force in 1990. When her son fell seriously ill and required repeated medical treatment in the UK, she and colleagues organised an unauthorised fundraising collection. She was suspended, later charged, and placed on probation. Years later, during a period of suspension (receiving half-pay), she began working as a private investigator without permission — including a case involving a child taken to Syria whom she helped bring back to Malta. She was subsequently subjected to disciplinary proceedings before an internal Police Board which found her guilty on multiple counts. The Public Service Commission recommended dismissal, which was implemented. She brought an application to the ECHR arguing the Board was not independent and impartial, and that she had no effective remedy. The ECHR found violations of Articles 6 and 13 of the Convention.
The European Court found a violation of Article 6 § 1 (right to a fair hearing before an independent and impartial tribunal) because the Police Commissioner — who had a direct interest in the outcome — had communicated with the Public Service Commission regarding the appropriate punishment. This undermined the independence of the disciplinary process. The Court also found a violation of Article 13 (right to an effective remedy) because there was no adequate domestic remedy available to challenge the disciplinary proceedings on the grounds of impartiality. Malta was ordered to pay €15,000 in non-pecuniary damages and €10,000 in costs and expenses. The case is significant as it confirms that internal disciplinary proceedings must meet the same independence and impartiality standards as court proceedings where they determine a person's civil rights.