The First Section of the Dispute-Administrative Chamber (TSJA) of the Supreme Court of Andalusia has rejected the first two appeals lodged by the Government Delegation in Ceuta against the decision of the first-instance executive on 14 February. , He declared illegal the return of 55 Moroccan minors beyond the provisions of the immigration law regulations in their country. This proposal is in complete contradiction due to the massacre on Melilla’s fence.
The Chamber upholds the substantive decision of the უტ1 Ceuta Court and affirms that “the acts of the respondent administration [la Delegación del Gobierno] They made it impossible to monitor the traceability of the return measures he used. ”
“His material action, which was exempted from the minimum procedural guarantees, created an objective situation of appropriate risk for the physical or moral integrity of the juveniles affected by the return measures, which are not distorted by the applicants,” he said.
The delegation and the city again tried to justify their behavior in their appeal, appealing to the “humanitarian emergency” caused by the May border crisis in Ceuta and the existence of a bilateral agreement between Madrid and Rabat in 2007 to “assist in the return”. In the eyes of the accompanying juveniles, but in the eyes of the TSJA, the “sudden, massive and illegal” nature of the migratory avalanche in which the deported juveniles entered Spanish territory “did not in any way justify the Kingdom of Spain. Their submission to the rule of law. ”
“The governmental delegation in Ceuta, in addition to not individualizing the return files for each of the affected juveniles, has omitted all the essential procedures and procedural precautions to be taken for repatriation,” according to Spanish legislation under the 2007 Spanish Cooperation Agreement. And Morocco, where the express return of children was presumably covered, directly requires compliance.
Return of minors
The appealed decision was the responsibility of the General State Administration to “take the necessary measures for the return of minors.” [no acompañados] Who actually returned ”and in whose name the first request for fundamental rights was made by the Raíces Foundation and the Neighborhood Coordinator, a total of 8, although the delegation warned that it would not make a final judgment that could still be appealed to the Supreme Court.
Rice clarified this Thursday that “a complaint filed by the same two administrations against similar decisions by 12 other children in similar circumstances has not yet been resolved.” Pending the decision of the 2nd Dispute-Administrative Court of Ceuta, another complaint is being filed on behalf of 7 other juveniles.
Neighborhood Coordinator Javier Baeza described the TSJA’s decision as “a reminder to the authorities that children’s rights cannot be curtailed” and warned that “it now remains to redress the damage done to the affected children”. “Restore their confidence and make sure that things like this do not happen again.”
“It is a disgrace to see that the public administration continues to uphold the fundamental rights of migrants, and especially children, arriving in Spain alone and fills us with the impotence that this continues despite the many court statements that are important to us on this issue more than 12 years ago. “Our various governments are refusing to accept it,” said Lourdes Reisabal, president of the Raíces Foundation.
The expulsion of 55 Moroccan minors to Morocco in August last year is also awaited, whether the Ceuta Investigative Court will accept a complaint filed by the prosecution against government delegate Salvadora Matheos and city government vice-president Mabel. Deu (PP), for alleged continuing offenses, for pre-verification, for acting as a “deliberate violation of the legal system” to carry out repatriations until they were stopped by a court order.
Source: El Diario