In the draft resolution, replace paragraph 8 with the following paragraph:
"In these circumstances, the Assembly, in full respect of the independence of the judiciary and of the judiciary’s exclusive role in ruling on breaches of the European Convention on Human Rights, calls on Malta to establish at the earliest opportunity, subject to any required sequencing in order to preserve the integrity of ongoing criminal proceedings and investigations, an independent public inquiry if necessary in order to ensure fulfilment of its obligations under article 2 of the European Convention on Human Rights."
Explanatory Note :
Only Courts have exclusive jurisdiction to decide whether an immediate public inquiry is required by article 2 of the ECHR. Respect for the independence of the judiciary and of the need to preserve and protect the integrity of ongoing prosecutions and investigations merit a reference.