Monday, August 8

Justice refuses to suspend in a precautionary manner the return to Morocco of eight minors because it had already occurred

The Court of First Instance and Instruction No. 2 of Ceuta has rejected the very precautionary measure to stop the return to Morocco of eight minors who have been in Ceuta for months, since in May there was a massive departure tolerated by the authorities of the Alawite kingdom, because already it had been executed.

This is a letter in response to the complaint filed by the Association Coordinator of Neighborhoods for the Monitoring of Minors and Young People in which the Delegation of the Government of Ceuta was requested to suspend any material action “aimed at repatriating the minor applicants to his country of origin, Morocco. ” In addition, they requested “urgently” a report “about the procedure for the repatriation of minors” which, according to what they indicate, should take advantage of the provisions of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and its social integration.

However, the court concludes that “there is no place for the adoption of the requested precautionary measure”, a resolution that “is firm, as there is no recourse against it.” The reason for this conclusion, as they state, is because the minors referred to in the complaint filed by the association have already been repatriated and cannot act urgently on events that have already happened. “The effectiveness of the sentence that may fall in your case has declined, as this court acting as guard has been informed that the delivery of the minors has been carried out at 10:00 this morning through the Border of El Tarajal “, is explained in the document.

Although the specific minors named in the car have already been repatriated, the return of hundreds of others continues. The Government ordered last Friday to return the 800 migrant minors who arrived in Ceuta in the biggest recent migration crisis, which occurred in May when Morocco lifted control of the border.

As has been able to verify, the Prosecutor for the Juvenile Hall, Eduardo Esteban, has sent a letter to the Ministry of the Interior in which he requests information on the order given by Marlaska, under an agreement with Morocco, to return children and adolescents in groups without the endorsement of the Prosecutor’s Office, which is required by the Immigration Law. In that communication, the prosecutor of the Supreme Court addresses the Secretary of State for Security chaired by Rafael Pérez Ruiz to report on the order given by the minister to the Government Delegation to proceed with the return of the minors and also send the agreed procedure to carry out the transfer of children and adolescents.

In addition, the Ministry of Social Rights headed by the leader of Podemos, Ione Belarra, warned Marlaska that the chosen procedure may have serious consequences and that in any case the sole responsibility will be for the Interior, after they had been offered formulas for agree to a protocol and be ignored.

They are not the only organizations to criticize these returns: three NGOs, Save The Children, Andalucía Acoge and Gentium, have submitted to the UN Committee on the Rights of the Child an individual communication requesting urgent provisional measures on behalf of ten of the 1,108 Unaccompanied Moroccan minors who accessed Ceuta between May 17 and 19 demanding the urgent suspension of repatriations.

The Ministry of the Interior, meanwhile, is silent. An official spokesperson told this media late Friday night that the department was not going to offer any explanation on this matter.