The Prosecutor’s Office of the National Court considers “null and void” how the process of repatriation of the Moroccan minors who arrived in Ceuta last May was carried out because the public Administration did not comply with basic requirements, such as informing these children and adolescents of their rights or provide a report on the family circumstances of the minors affected.
Interior begins the return to Morocco of the 800 minors who arrived in Ceuta in May
This is how the prosecutor Manuel Campoy states it in a letter of September 17, to which Europa Press has had access, where he “informs in favor of admitting the” contentious-administrative appeal formulated by the Immigration and Refugee Aid Network against the order issued in August by the Ministry of the Interior.
“It is considered that the administrative actions of return to the Kingdom of Morocco of unaccompanied foreign minors, who went en masse to the Autonomous City of Ceuta on May 17 and 18, (…) are null and void, as they totally and absolutely dispense with the legally established procedure “, states Campoy.
Furthermore, it points out that these are “material actions of fact” because they have ignored the established procedure, thereby violating the “essential guarantees” that govern it.
Minors were not heard
The prosecutor emphasizes that the way of acting of the public administration in this repatriation process violated the fundamental right of minors to effective judicial protection, and recalls in this regard that constitutional jurisprudence requires a “personal communication” of the procedures to the affected.
“The mandatory acts of communication to interested minors, information on their rights and appointment of judicial defender, where appropriate, have been omitted; thus curtailing the possibility of access to judicial protection and being able to judicially review the administrative acts concerned”, exposes.
Campoy emphasizes that, in general, “none of the guarantees and procedures required by Spanish legislation have been fulfilled,” since there is no hearing procedure with the presence of minors who had “sufficient judgment” or their legal representatives, nor that they have been informed of their rights, so that they could make allegations or appoint a judicial defender.
Nor do they include, he adds, “the mandatory reports from the Moroccan diplomatic representation on the family circumstances of the minors affected, from the services for the protection of minors or from the Public Prosecutor’s Office.”
The prosecutor also misses a “final resolution in accordance with the principle of the best interests of the minor, on the repatriation to his country of origin or where his family members are or on his stay in Spain, which must be notified to the minor, his representative, guardian and the Public Prosecutor, putting an end to the administrative process “.
Jurisdiction of the Ceuta Justice
Consequently, the Public Ministry considers that “the admissibility of the contentious-administrative appeal filed” is admissible, although at the same time it indicates that “the objective and territorial competence to hear it corresponds to the Contentious-Administrative Courts of Ceuta.”
And this is because the regulation of the Law on Rights and Freedoms of Foreigners in Spain and their Social Integration “attributes to the delegations and sub-delegations of the Government the competence for the processing of procedures on the repatriation of unaccompanied foreign minors.”
While the contentious-administrative courts have the objective jurisdiction over the appeals made against the decisions issued on immigration matters by the peripheral administration of the State, being the territorial jurisdiction of the jurisdictional bodies in whose circumscription has its headquarters the body that has issued the contested act.