Ceuta judge orders government to return Moroccan minerals repatriated in August to Spain
The Litigation-Administrative Court No. 1 of Ceuta condemned in two sentences the Government delegation in the autonomous city to “adopt the necessary measures” to achieve “the return” of unaccompanied foreign minors repatriated last August to Morocco with the application of an agreement between Madrid and Rabat outside of Spanish legislation which he was ordered to paralyze precautionary.
The magistrate considers that their fundamental rights have been violated because there is “a relevant risk” of falling into a “situation of abandonment”, stressing that “it is not that none of the modalities of the procedure have been omitted , is that all omitted»
Last December, the Government Delegate in Ceuta, Salvadora Mateos (PSOE)testified before the prosecutor’s office as investigation for the commission of an alleged crime of administrative procrastination as part of the repatriation of the 55 Moroccan minors mentioned above. A procedure, it should be remembered, which was paralyzed three days later by a court decision for non-compliance with the provisions of the Regulations of the Immigration Act or international conventions.
According to the resolutions, whose content you have had access to European pressthe judge “substantially estimated” the Resources filed on behalf of 20 Moroccan immigrants by the Roots Foundation and the Coordinating Association of Neighborhoods for the Monitoring of Minors and Young People against the lawsuit, which was closed after the effective expulsion of a total of 55 menas.
The magistrate considers that, through their actions, the Government Delegation and the Autonomous City have generated “a relevant risk situation for the physical and moral integrity of minors” insofar as “nothing proves” that no one was going to take care of them “once repatriated, which would determine that they would find themselves in a situation of abandonment or helplessness”.
“It is not that none of the stages of the procedure were omitted, it is that they were all omitted, since there was no opening of proceedings, no request of reports, no pleading phase, no hearing, no evidence phase, not even a resolution accepting the repatriation of minors, that is to say there is no trace of a repatriation file“, consider.
In the eyes of the judge, “starting from the fact that repatriation cannot constitute an end in itself, but must be appropriate to the end it pursues, which is none other than the best interests of the minor, the relevant risk that exists in the current assumption that minors can be left in a situation abandonment or helplessness Once repatriated to their country of origin, this leads to the understanding that there has been a violation of the fundamental right to their physical and moral integrity” recognized in the Spanish Constitution.
From his point of view, “if there was no legal procedure to agree on the repatriation, it is obvious that we are facing a de facto procedure”, since the operation could not find protection in the agreement between the Kingdom of Spain and the Kingdom of Morocco on cooperation in the prevention of illegal immigration unaccompanied minors, their protection and their concerted return, done in Rabat on March 6, 2007.
“A international treaty It is an instrument which is essentially limited to imposing on States the obligation to promote cooperation in a certain field and to establish general parameters according to which specific projects or programs of cooperation must be proposed, agreed and carried out. , but without it being reasonably understood that the mere existence thereof authorizes dispensation from the procedural procedures established in national legislation, since Article 5.1 of the Agreement itself is responsible for outlining and proceeding to the execution of material actions without carrying out any administrative action and without adopting the binding resolution that serves as the basis”, he underlines.
The Delegation was also ordered to pay the costs and has the possibility of lodging an appeal within fifteen working days before the Superior Court of Justice of Andalusia (TSJA).