March 9, 2021

The Strasbourg ruling clarifies the work of agents in Spain, according to Foreign

The Minister of Foreign Affairs, Arancha González Laya, considered Thursday that the endorsement of the European Court of Human Rights (ECHR) for the so-called “hot returns” of immigrants clarifies what civil guards can do and, from that point of view , is positive”.

“I think that the situation is clarified a bit for the security forces and bodies of the State, which do a job in very difficult conditions,” he said of the Strasbourg decision, which ruled in favor of Spain in the case of the two immigrants who were expelled to Morocco after entering Melilla illegally.

According to González Laya, the ruling “clarifies a little better” what agents “can do and how they can do it” and, “from that point of view, it is positive.”

This Thursday, police unions and associations of civil guards have celebrated the decision of the ECHR, but they have demanded from the Ministry of the Interior a protocol that clarifies how the agents should act before the irregular entry of immigrants.

The head of Foreign Affairs expressed her “total respect for judicial decisions, as it could not be otherwise” and considered that the ruling must be taken into account in the current European discussions on how to manage migration.

According to the ruling unanimously issued by 17 judges of the European court, Spain did not violate article 13 (Right to an effective remedy) or article 4 of Protocol 4 (Prohibition of collective expulsions) of the European Convention on Human Rights.

The ruling, against which there is no recourse and that European governments were waiting for, says that Strasbourg “cannot hold the State responsible for the absence in Melilla of a legal remedy that would have allowed them to appeal the expulsion.”

The plaintiffs, ND, from Mali, and NT, from Côte d’Ivoire, arrived in Morocco between the end of 2012 and the beginning of 2013 and camped several months in the makeshift camp on Mount Gurugú until the fence jumped on August 13, 2014, together to almost a hundred sub-Saharan people.

Once expelled, they repeated the attempt in October and December 2014. The first was forwarded to Mali and the second is somewhere in Spain.

The Constitutional Court awaited this ruling to rule on the appeal that the PSOE and other groups filed against the Citizen Security Law or gag law approved by the Government of Mariano Rajoy, which regulated hot returns through an additional provision.


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