The National Court concludes that the instruction of the Secretary of State for Security that, last August, began the illegal return to Morocco of dozens of migrant minors who arrived alone in Ceuta in the migration crisis of May played “a merely internal role. communication between different administrative bodies ”and points to the Government Delegation and the Executive of the autonomous city as responsible for these transfers. In a car made public this Thursday, the Contentious-Administrative Chamber inadmissible the appeal that an NGO presented against that letter and disassociates the Ministry of the Interior from the irregular return of dozens of minors alone to their country bypassing the Aliens law.
The clashes with the courts of the judge that Sánchez chose for the Ministry of the Interior
In the judgment of the judges, the “brief” —in which Interior requested that the minors be returned “to the Kingdom of Morocco, respecting their interests and rights at all times” – “is a simple internal action” that “It did not project effects against third parties” and that, consequently, “is not subject to challenge.” And they insist that although that letter “had served as the basis or foundation” to make the returns, it was “at the request and at the will” of the Government Delegation. In this regard, they reiterate that, according to current legislation, the delegations and sub-delegations of the Government are competent to carry out the repatriations of unaccompanied minors.
The Chamber also ignores the request of the Prosecutor’s Office, which requested that the NGO’s appeal be admitted, considering that in the repatriation of the minors, the established procedure was “totally and absolutely dispensed with and” essential procedures and guarantees were violated. However, the Public Ministry considered the courts of Ceuta, not the National High Court, competent for its resolution.
Last summer, the irregular return of dozens of minors alone to their country, ignoring the Immigration law, placed the Minister of the Interior, Fernando Grande-Marlaska, at the center of opposition criticism but also from his partners at United We Can, who assign him to the conservative sector of the judiciary. In August, the same Chamber that has now rejected the appeal of the Spanish Association for Immigration and Refugee Assistance argued that the returns of minors can only be carried out through the procedures “provided for and regulated in detail in Spanish legislation”, which put in question the justification of the Interior that these returns were based on a bilateral agreement with Morocco on foreigners.
The document that Interior used as the basis for these repatriations had already been questioned by the Prosecutor’s Office, which in its reports in the proceedings opened in Ceuta accused Interior of returning the minors in breach of “immigration legislation” and through a letter “without signature”. Also the juvenile ward prosecutor, Eduardo Esteban, asked the Interior for information about the transfers. In addition, an email, advanced by El Confidencial and to which elDiario.es had access, proves that Interior ordered to the Government Delegation the return of the minors from Ceuta when the department of Grande-Marlaska had defended before the National High Court that it did not give any order, but had limited itself to “begging” the application of the pact.
The other administration involved in the returns, the Government of Ceuta, admitted that the return of almost fifty minors was done in an exceptional way: without giving them a voice and without having individualized reports on the situation of each one of them. That is, bypassing the Spanish Immigration Law and taking the agreement with Morocco as the only guide. Both the Public Prosecutor’s Office, the Ceuta court and the National Court have stressed in several writings that the agreement with the Moroccan authorities cannot go beyond Spanish laws.