Matthew Schembri and Kurt Buhagiar, who were arrested in relation to the death of Jean Paul Sofia, have filed Constitutional proceedings in which they argue a breach of their fundamental human rights, as enshrined in the Constitution and the European Convention on Human Rights and Fundamental Freedoms.
The court application was filed before the First Hall of the Civil Court in its Constitutional jurisdiction by lawyers Franco Debono, Arthur Azzopardi, and Jacob Magri. They claim that Attorney General Victoria Buttigieg is withholding evidence from the suspects and the police.
The judicial protest alleges that the police were only given the conclusion of the magisterial inquiry by the Attorney General, not the full process-verbal.
The suspects then requested the court to treat the Constitutional proceedings with urgency.
Sofia died when a building under construction in Kordin collapsed on 3 December.
A magisterial inquiry was concluded on Friday, following which the police arrested five persons.
The government, after refusing the idea for several months, will be setting up a public inquiry.