The contentious-administrative court number 2 of Ceuta has ordered at the last minute of this Monday the paralysis of “all returns” of migrant minors from the autonomous city, at least for the next 72 hours, “until it is verified as has carried out the “return procedure,” as reported by Cadena Ser and legal sources have confirmed to elDiario.es.
The new judicial resolution is linked to the habeas corpus registered this Monday by the Coordinadora de Barrios association, due to the possible illegal detention of several migrant adolescents during their transfer from the Santa Amelia sports center to the Tarajal border. The magistrate does not understand that there has been illegal detention but after hearing her testimony, she has decided to stop the expulsions for the next three days, according to the same sources.
The judge is the head of the court that this Sunday refused to study the request for the urgent stoppage of the returns of minors practiced yesterday, since they had already taken place.
The decision comes after the order of another Ceutí court, the administrative litigation number 1, which during the morning of this Monday urgently suspended the repatriation of nine single migrant minors who had not yet been returned to the neighboring country, according to the order to which it has accessed elDiario.es. The Barrios Coordinator association and the Raices Foundation had presented an urgent precautionary lawsuit to prevent the forced return of a group of Moroccan children and adolescents who were to be returned this Monday and Tuesday. Three of them were returned before the court decision.
The magistrate has considered “proven that neither an administrative file has been initiated, nor has any resolution been issued in relation to the repatriation of minors”, a requirement demanded by Spanish legislation but that the Ministry of the Interior has not complied with in the returns of children and adolescents executed from this Friday.
The Ministry of the Interior and the Government of Ceuta defend the legality of these returns of minors without procedure by appealing to the agreement signed between Spain and Morocco in 2007 for the return of unaccompanied migrant minors. However, the judge recalls that article 5 of this pact indicates that the Spanish authorities must study possible returns “with strict observance of Spanish legislation, the norms and principles of international law and the provisions of the Convention on the Rights of the Child. Kid”.
According to the order, in the returns of minors analyzed “nothing of what was ordered” in the applicable regulations “has been complied with.” “Neither has the administrative procedure been processed, complying with the aforementioned mandatory procedures, nor has there been an express resolution on said issue with respect to each of the minors enforceable in our legislation. Omission that has prevented all interested parties from knowing the fundamentals that justify the de facto decision adopted, “the letter states.