The Ceuta Prosecutor’s Office has summoned the Government delegate in the autonomous city, Salvadora Mateos, to testify on December 13 as an investigated for an alleged crime of administrative prevarication for the return to Morocco between August 13 and 15 of 55 migrant minors outside the provisions of Spanish legislation and without complying with any of the procedures required in the Regulations of the Immigration Law, as advanced The confidential and has confirmed elDiario.es.
The action of the Public Ministry is a consequence of the complaint filed with the Granada Juvenile Prosecutor’s Office by the entity ‘L’Escola AC International Association for the integral development of people’, according to legal sources have informed elDiario.es
The Prosecutor’s Office has also called, on December 10 and as witnesses, the secretary general of the institution in the Plaza de los Reyes, Ismael Kasrou, that on August 10 he received an email from the Secretary of State for Security “pleading “To begin as soon as possible the express expulsion of the young people who arrived in May, and to the Regional Minister of the Presidency, Mabel Deu, competent in matters of minors.
When he hears their statements, the Public Ministry must decide if there is a basis to file a complaint and open a criminal procedure in the Courts or if it chooses to archive the proceedings.
The Regulation of the Immigration Law establishes that the delegate is competent in Ceuta to “carry out the procedures related to the repatriation of an unaccompanied foreign minor” once reports have been obtained from both the country of origin and the entity assigned to it. their guardianship, custody or guardianship as well as the country of origin.
Neither these nor any other of the requirements established in the regulations were met between August 13 and 16, when the head of the Contentious-Administrative Court number 1 of Ceuta ordered the suspension of expulsions in view of the fact that “neither has administrative file has been initiated, nor has any resolution been issued in relation to repatriation. ”
Both the central and local governments appealed to a bilateral agreement signed in 2007 to carry out “assisted returns” outside the provisions of national regulations and international treaties, despite the fact that this pact requires the Spanish authorities to act “with observance strict compliance with Spanish legislation, the norms and principles of international law and the provisions of the Convention on the Rights of the Child “.
“Neither has the administrative procedure been processed in compliance with the aforementioned mandatory procedures, nor has there been an express resolution on said issue with respect to each of the minors required in our legislation,” the magistrate reasoned to paralyze the procedure.