The defense of the first vice-president of the government of Ceuta, Mabel Deu (PP), who faces the deportation of 55 unaccompanied minors to Morocco in August 2021 outside the provisions of the immigration law, filed an appeal in the provincial court of Cádiz. against his prosecution, where he claims that he was limited to carrying out the “genuine mandate” of the Secretary of State for Security at the Home Office and that all his actions were carried out “in his protection”. In his opinion, he is suffering from an “unnecessary penalty” and the case should be opened because it does not deserve a criminal reprimand, reports Europa Press.
Deu’s letter recalls that an unsigned document from the Secretary of State, which he received on August 10, “pleaded” to start the repatriation of unaccompanied migrant children “on the instructions of the Home Secretary”, while “respecting their rights and interests”. It came from two high officials, Rafael Pérez and Fernando Grande Marlasca, “magistrates by profession and therefore with extensive legal knowledge.”
Also, according to the assessment of the Minister of the Presidency, this made him realize that the procedure established outside the Spanish legislation was “completely covered by law”, for which he cooperated “being sure of the legality of the process, despite its novelty and unexpectedness, which meant a special acceptance. The Moroccan state should implement it.”
The investigating judge of the case opened at the request of the prosecutor’s office appreciated the existence of sufficient evidence that Deu and the former government delegate in Ceuta, Salvadora Mateos, sat on the bench for the alleged crime of administrative overreach as essential employees. and the author of the material, respectively. According to their indictment, for the purpose of deporting the minors, they “deliberately” canceled “any procedure and the issuing of mandatory individual decisions in accordance with national and international laws for the protection of the rights of minors.”
“With arbitrary proceedings,” the magistrate assessed, “they completely neglected their duty to protect the affected minors, which the legislation assigned to them in their respective jurisdictions, putting their physical and moral integrity at risk, which led to a materially unjust result, without it. There is a justification for this, not an exceptional situation.”
Dew’s attorneys, who unsuccessfully sought to call Marlaska to testify, contend that he had no “substantial involvement” in “facilitating the return” of the minors and that he did not sign the resolutions “merely officially.” “Whatever the desire of the adviser and delegate to return minors to Morocco, the decision is made at another level and by mutual agreement between the two sovereign states,” adds the source, who also warns that “there is no evidence. “which attributes the “authorship of the decision” to the former delegate released at the end of October.
The letter says that the existence of “systemic deficiencies” in the protection of Moroccan minors cannot be proven, and equates not with “repatriation” but with “family reunification” that the protection service handles during childhood. Ceuta.
According to his interpretation, “after efforts at the highest level in terms of international relations”, what happened was the “return” of minors to Morocco “without breaking the chain of protection and custody from state to state, in an unprecedented historical moment.” Because of the difficult geopolitical circumstances well known to everyone to this day.” Finally, the complaint maintains that the removal of the 55 minors has, at least in the known cases, produced “preliminarily optimal results, leading to their effective family reunification in a context where there is no apparent threat to their physical or moral integrity.”
According to him, returned minors returned to “structured families” with “decent housing with all services” and “protective parents who provide them with a means of livelihood, have the necessary mobile device and Internet, which is vital for young people today. “.
At least six of the 55 deported minors managed to return to Spanish territory in recent months, while two who testified as witnesses during the investigation phase denied they wanted to return to the country, insisting that “no one” had informed them. them your rights.
Source: El Diario