Migrants who climb over the gates of the Spanish enclaves of Ceuta and Melilla, in the north of Morocco, can from now on be sent back directly to Morocco. The European Court of Human Rights in Straatburg decided this last week. According to the court, it is not necessary to identify these migrants or to engage lawyers. Spanish politics are satisfied, but human rights organizations fear major consequences.
Spain was convicted earlier. In the summer of 2014, the country sent two Africans back to Morocco. They were with a group of migrants who tried to climb over the fences of Melilla. Spain was initially convicted of violating the rights of the two by not giving them the right to apply for asylum. The earlier ruling forced Spain to pay 5000 euros in damages to both migrants from Mali and Ivory Coast.
Migrants themselves illegal
But according to the new verdict, the two Africans put themselves in an illegal situation, “because they climbed over the gates that surround the Melilla enclave without permission.” According to the judges, the two decided to “not use the existing legal procedures that exist to legally enter Spain.” The fact that the migrants were sent back was the result of their own actions.
Both the Spanish government, right-wing parties and police services respond positively to the European Court’s verdict. “Because that ruling is there, we are getting a legal framework from Europe for the first time. So that local and central governments can adapt their laws and rules to practice,” said Rafael Pérez, Secretary of State for Security.
The radical right-wing party Vox is also satisfied. “A country has the right to defend its borders. When someone tries to break those borders, every country has the right to put that person back as quickly as possible,” said a spokesperson.
“This changes little”
Human rights groups say that the direct expulsion of migrants has been going on for years, although successive Spanish governments would rather not admit it. “In the end, not much will change. We already knew that Spain would return arrested migrants to the fences. Only Spain can do it now, backed by the European Court ruling,” says Carlos Arce, lecturer in constitutional law and policy officer at the human rights group APDHA. .
According to Arce, the European ruling is the opposite of what migrant groups expected. “We had the hope that we could finally get hold of a legal weapon so that we could stop the restoration. But that did not happen. Anyone caught on that border can immediately return to Morocco. Without the intervention of lawyers, without identification , regardless of whether someone is a child or a political refugee. “
Not just Ceute and Melilla
Arce fears that the judgment may have consequences for other groups of migrants. “The statement goes very concretely, across the border between the Spanish enclaves and Morocco. But in the future, governments can interpret this as broadly as they want. Then even migrant boats at sea can be sent back without mercy. Actually, just as is already happening between Libya and Italy. “
Last year, 33,000 migrants entered Spain, most of them on boats from northern Morocco. More than six thousand migrants managed to invade Spain through the enclaves of Ceuta and Melilla. This happened by climbing over the gates or during storms at the customs posts.
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