July 29, 2021

Ombudsman asks that prosecutors decree age in the return of migrants

Ombudsman asks that prosecutors decree age in the return of migrants



The Acting Ombudsman, Francisco Fernández Marugán, has requested today that prosecutors issue the decree of majority before returning immigrants.

Fernández Marugán has asked the Attorney General's Office to issue an instruction for prosecutors to decree the age of persons subject to return files and has once again reported that there is a lack of guarantees in the age determination procedures.

The Ombudsman intends to notify the decree of age to individuals subject to return files and their lawyers, so that they can submit their content to judicial review.

The institution, which has influenced a statement in which the radiological report can not serve to set the age, continues to receive complaints that "highlight the lack of guarantees" of these procedures.

He has also criticized the acceptance of "broad formal flexibility" in the communication of the resolutions that the prosecutor adopts in the records of determination of age.

"This interpretation of the Office of the Prosecutor places the alleged minor in a situation of defenselessness and deprives him of access to the right to effective judicial protection," the Ombudsman asserted.

The underage immigrants, he continued, are in a situation of extreme vulnerability and must guarantee their access to the courts, hence the need to determine by decree the age of majority before an expulsion.

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