There are judges sleeping in the streets of Islamabad and another who has been fortunate to find work in a carpentry carrying materials to survive. There is a judge with his family stumbling around Istanbul and a judge who is running out of time in Athens to stay legally. There is a judge who has been arrested and deported because he did not have papers in order.
They are all Afghans. They tried the Taliban, the organized crime gangs of the warlords, the corrupt and contributed to trying to forge that entelechy that the West raised in their country. They all have something else in common: they informally received the Spanish word that, once the air evacuation operation was concluded, they would be served by Spain if they managed to escape from Afghanistan and reach a Spanish embassy by their means. That was the solution that the Foreign Ministry came up with, through the NGOs that maintained contact with them on the ground, when the reality of the handover of the airport loomed over the Spanish willingness to help anyone in danger. Through this system and with those organizations, and thanks to the determined commitment of the Spanish Attorney General, we were able to bring to Spain the Attorney General of the Afghan State, who continues in our country. I told him about it on the fly in “It’s screwed up and it’s heartbreaking.”
The point is that these people have managed to leave their country, at great risk, in an incredible way at times, hoping to knock on the doors of a Spanish embassy to request asylum. Something that is not only a wish of Spain but also an obligation marked by international law, to process asylum, which does not even mean being obliged to grant it, but it does mean serving them. Some of them after 25 days have received an appointment. At least one judge was late, they arrested him in the streets and deported him, but most of them are not answered either to emails or calls. Where is the word for Spain?
Both the Spanish organization 14Lawyer and the International Association of Women Judges, with the support of the Progressive Union of Prosecutors, have sent by burofax and by various other means the list of these jurists at risk to the Ministry of Foreign Affairs, the Ministry of Justice and other agencies involved. The reception has been diverse. While Justice has shown an active willingness to take all possible steps to secure the protection of lawyers at risk (I redouble the article because “Spain will not leave any woman or girl behind”), it does not seem to be the case. same in Exteriors. “The lives of Afghan judges, judges, prosecutors, lawyers and lawyers are at certain, extreme and imminent risk (…) in that sense we can confirm and regret the murder in Kabul in the last hours of the prosecutor Mehrabuddin and the judges Rafi -ud-Din Ashna and Abdul Matin. There is not much time, “says the memorandum they have sent on several occasions. In it he recalls that “Spain has a moral and humanitarian (and even legal) duty to give international protection to these professionals who committed themselves to the defense of human rights, democracy and the rule of law protected by the International Community”. Up to six burofax have been sent to the Spanish government, with the list of people in danger, by these civil organizations and volunteers that in August were decisive in locating collaborators and relatives and helping them get to the Kabul airport. Since September 14, the list of judges who are in a precarious situation in Islamabad and who have requested an appointment at the Spanish Embassy has been in the hands of Foreign Affairs. Only a couple of them have been subpoenaed, but at least two lawyers, two prosecutors and four judges are still waiting for that appointment. In Tehran there are two judges waiting and only one has been contacted and a prosecutor and the family of a journalist are also awaiting attention there.
The organizations that work on the ground propose to the Spanish authorities to follow the same scheme that was followed during the August evacuation: to bring them first through Defense planes and, later, to carry out the inquiries and interviews in Torrejón or a place to be determined. “All the people on the lists are who they say they are,” is proven and has been from the beginning. I myself have in my possession copies of documents such as the identification of the Prosecutor’s Office or the professional cards of the judges, their passports and other documents.
It is about assuming the commitment of Spain in this drama and also complying with article 38 of the Asylum Law, which indicates that in those cases in which a person who is not a national of the country in which he or she is present addresses the authorities of the Spanish diplomatic representation alleging a danger to their physical integrity, the respective Ambassadors may promote their transfer to Spain to allow the presentation of their request in accordance with the established procedure. It is very good to bring the direct collaborators of the Army, who have returned this week, but it is also necessary to attend to those who committed themselves to the Western project, with the establishment of a rule of law, and who, although they did not work under the management of any specific country, if they did it to get the whole project started.
What problem does Foreign see to comply with the word given verbally and with the legislation in force in Spain? I am aware that different offices of the Ministry of Justice have tried to speed up the process. I know that Defense would not be the problem to carry out this evacuation either. I also believe that they do not want to get into interministerial frictions and I hope this is not at the cost of the safety of real people. It would bother me to think that, having achieved the critical and public success of the summer, the action is being limited to direct collaborators in Spain by our external services.
The misfortunes have the painful habit of not disappearing with the rundown or the TT of Twitter or the collection of signatures or the pains expressed between a cane and the sofa. Tragedies have the anguished habit of persisting: that of Afghanistan, that of the La Palma volcano … all the lives that are suspended, all those that sink in pain.
Spain has a word … or not?