Man alleges human rights violation after being jailed for failing to pay child support

Photo by: Viktoria Nikolla

A man sentenced to a total of 17 months in prison for repeatedly failing to pay his estranged wife monthly maintenance due to financial problems has alleged a human rights violation.

Mario Bartolo, 67, filed a complaint with the First Chamber of the Civil Court under its constitutional jurisdiction against the Public Prosecutor and the Attorney General, alleging that he was subjected to inhuman and degrading treatment and discrimination following his detention.

The woman had filed a criminal complaint against the man for non-payment of maintenance payments amounting to 466 euros, which led to criminal proceedings before two different judges. He was sentenced to a total of 17 months in prison.

Both verdicts were appealed.

The couple legally separated in 2010 when Bartolo was working. However, the now pensioner was seriously ill and unable to work. He also had some of his toes amputated.

The woman regularly filed criminal complaints, which led to several pending proceedings for failure to pay maintenance. An application for mediation is still pending in the family court.

The man argued through his lawyers that the prison sentences were disproportionate and did not take his changed circumstances into account.

He also alleged discrimination, stressing that, despite being clearly linked, the maintenance cases were treated separately and therefore he could not benefit from a legal provision that would group all the cases together as a single continuous offense punishable by a lesser penalty.

Lawyers José Herrera, David Camilleri and Martina Herrera signed the application.

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