Monday, September 27

The Prosecutor’s Office accuses the Interior of returning the minors in breach of the law and with an order “without signature”


The Prosecutor’s Office accuses the Ministry of the Interior of returning to Morocco the minors who entered Ceuta alone last May in breach of the “immigration legislation” and through an official letter “without signature”. This is stated in the report with which the Public Ministry supported this Sunday the request of the Coordinating Association of Neighborhoods to urgently stop the forcible return of seven minors. This request was rejected due to loss of object, since their repatriation had been carried out just five minutes after the time in which the request of the aforementioned entity was dated.

Justice paralyzes all returns of migrant minors from Ceuta for at least three days

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With similar arguments, the Prosecutor’s Office has also opposed this Monday the return of nine other Moroccan minors. In this case, the judge has agreed to suspend the repatriation of these children and adolescents scheduled between Monday and Tuesday on the grounds that the “mandatory” administrative procedure had not been processed.

In his letter on Sunday, the Chief Prosecutor of Ceuta, José Luis Puerta Marti, questioned that the only record as a “legal basis” for the return of the minors is an official letter from the Secretary of State for Security “without signature” in which it is said that they are going to be repatriated “in anticipation of the provisions of Article 5 of the Agreement between Spain and the Kingdom of Morocco on cooperation in the field of preventing the illegal emigration of unaccompanied minors, their protection and their return concerted”.

The prosecutor recalls that the same article provides that the return “can only be carried out in any case with strict observance of Spanish legislation, the rules and principles of international law and the provisions of the Convention on the rights of the child.” And that, in that case, “there is no record of the procedure required by our immigration legislation for the repatriation of unaccompanied minors.” Consequently, it adds that “it is appropriate to agree to the requested suspension while the corresponding administrative authority does not provide the administrative file initiated and the corresponding administrative resolution.”

Last Saturday, the juvenile court prosecutor, Eduardo Esteban, sent a letter to the Ministry of the Interior in which he requested information on the order given by Fernando Grande-Marlaska, under an agreement with Morocco, to return children and adolescents in groups without counting on the report of the Prosecutor’s Office 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.



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