The Strasbourg Court of Human Rights (ECHR) has given its endorsement on Thursday hot returns of immigrants that Spain has practiced in Ceuta and Melilla with both the PP and PSOE governments, changing its previous criteria contrary to them. The ruling ensures that this practice does not violate the prohibition of "collective expulsions" enshrined in the European Convention on Human Rights or the right to an "effective remedy" for migrants.
The ruling of the Grand Chamber of 17 judges – which has been approved unanimously and against which there is no recourse – responds to the lawsuit filed against Spain by two migrants (one from Mali and one from Côte d'Ivoire) who tried to enter irregularly our country across the border of Melilla in 2014. The Spanish security forces immediately expelled them to Morocco. The sentence says that this return did not violate his human rights.
The Strasbourg Court considers the plaintiffs "they placed themselves in an illegal situation when they deliberately tried to enter Spain on August 13, 2014 crossing Melilla border protection structures as part of a large group and through an unauthorized location, taking advantage of the large number of people in the group and using force".
"In this way, they chose not to use the legal procedures that existed to enter Spanish territory legally," said the ruling.
Consequently, the Human Rights Court considers that "the lack of individual expulsion decisions must be attributed to the fact that the plaintiffs did not use the existing entry procedures for that purpose and therefore it was the result of their own conduct. "Spain is not responsible for these migrants not being able to present an appeal in Melilla against their expulsion, the sentence concludes.
Give the reason to Spain
The ruling gives the reason for the appeal filed by the Government of Mariano Rajoy against a judgment in the first instance of the ECHR of October 2017 that declared these practices illegal. The original opinion held that the two migrants had been returned to Morocco "against their will", without being identified and "without any previous administrative or judicial decision".
The affected "they had no access to interpreters or legal assistance to inform them about the provisions of the asylum law or the procedures at their disposal to challenge their expulsion. "For all these reasons, the Strasbourg Court had concluded that hot returns violated the human rights of migrants. An assessment that now The Great Hall has been completely corrected.
Although in his stage as leader of the opposition Pedro Sanchez He said he was opposed to hot returns, after reaching the presidency of the Government not only maintained Rajoy's appeal but, during the hearing held on September 27, 2018, he used traced arguments to justify these practices.
The Sánchez Government alleged before the ECHR that what Spain does is not indiscriminately expel migrants but "prevent their entry". The same name used by the PP, which always spoke of border rejections.
In addition, he said that a new condemnation of Spain would create a kind of effect called for mafias that traffic with people and would endanger European citizens because "it is well known that terrorist organizations and organized crime take advantage of migratory flows"In addition, he warned that border police security is at risk.