This article was automatically translated from HIBAPRESS, the Arabic version:
This article was automatically translated from Hibapress, the Arabic version:
Heba Press – Muhammad Zaruh
The Supreme Court of Justice in Andalusia has announced a historic decision stipulating the illegality of the forced relationships of migrants who try to reach the coast of Ceuta or Melilla occupied by swimming.
The decision, published this week, underlined the need for the Spanish authorities to comply with the usual legal procedures when they deal with these immigrants, while ensuring compliance with their fundamental rights.
The decision text says that the concept of “border rejection”, which was included in the law on the protection of citizens’ security in 2015, cannot be applied outside the border fence, which means that the authorities are required to stop forced repetitions in the sea or on the beaches.
He also stresses that all measures related to migrants must take place in accordance with national and international human rights laws.
This decision comes after a complaint submitted by human rights organizations, including the “Jesuit Immigrant Service”, “Kitchen La’in” and “Gycen Coordination Association”, following the incident of immigrants’ return to Morocco by the Spanish Civil Guard without giving it the opportunity to obtain legal assistance or a translator, which was considered a violation of its fundamental rights.
The court said that the Spanish authorities have expanded the scope of the request for “border rejection” to include territorial waters, beaches and even certain internal regions, which goes beyond the specified legal framework.
She considered that this practice is illegal and contradicts the previous provisions which underlined the need to comply with legal procedures when they deal with immigrants.
This decision constitutes a blow for the policies exercised by the Spanish government in the cities of Ceuta and Melilla, where other courts have previously made similar decisions confirming that immediate expulsion without legal proceedings violates fundamental rights, including the right to legal assistance and to obtain a fair trial.
In its decision, the court underlines the need to cope with any immigrant who is intercepted outside the border closure in accordance with the usual procedures, in particular by assessing its status individually, and by providing legal defense and a translation, while giving it the possibility of requesting asylum or international protection if it meets the required conditions.
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