Spain’s Supreme Court ruled on Monday that sending unaccompanied child migrants back to Morocco in May 2021 is “unlawful.” These deportations took place in the aftermath of border crossing attempts by large numbers of migrants into the Spanish enclave of Ceuta.
Spain’s Supreme Court has ruled that the decision to return dozens of unaccompanied child migrants from the Spanish enclave of Ceuta to Morocco in May 2021 was illegal. Among those deported were “several hundred” unaccompanied children, many of whom appeared to be from countries in sub-Saharan Africa, the news agency reported. Associated Press (AP).
Under the law, each minor should have been entitled to an “individual administrative procedure” before possible deportation, the court said in its ruling, Agence France-Presse reported. Stated. Agence France-Presse (AFP).
Back in May 2021, more than 10,000 migrants scaled border fences and swam around piers from Moroccan territory on the African continent to Spanish territory. Dozens of unaccompanied minors were among the thousands of people who entered Spanish territory, with Moroccan border guards standing by and watching.
Spain claims it was sent back under bilateral agreement
The major border crossing followed a diplomatic row between Spain and Morocco after Madrid decided to provide medical treatment to an independence movement leader from the Polisario Front in the disputed territory of Western Sahara. This territory was occupied by Spain until 1975, after which it was annexed to Morocco.
Thousands of migrants who entered the country were sent back to Morocco after crossing the border. But then a court in Ceuta, brought by a lawsuit brought by migrant rights campaigners, ruled in August 2021 that the repatriation of a group of unaccompanied minors who arrived in May should be blocked. was handed down.
The Spanish government subsequently appealed the decision, but on Monday the Spanish Supreme Court reportedly dismissed the appeal “arguing that the expulsion of minors violates national immigration law and the European Convention on Human Rights.” It was done. AFP.
Minors who were expelled “faced a significant risk of physical or emotional distress.”
The court said the expelled minors were “at serious risk of physical or mental suffering.” [as a result of] The “collective expulsion of foreigners” is prohibited by the European Convention on Human Rights.
The Spanish government had argued in its appeal that it could deport the migrants under a 2007 bilateral agreement between Spain and Morocco. The agreement allowed for the return of individuals, including minors, in “exceptional circumstances.” The government argued that the unprecedented arrival of more than 10,000 people in a single day constituted such an exceptional situation.
This was reported by the Spanish Ministry of the Interior. AP, He also said that many of the immigrants “wanted to go back to their hometowns.” However, under international law, Spain has a legal obligation to care for young migrants until they turn 18.
The number of arrivals to the Spanish enclave is down this year
It fences off both Ceuta and the African enclave of Melilla. Fences and security were erected to prevent unchecked migration into European territory. However, many Moroccans rely on jobs in the enclave and commute to work daily, resulting in frequent cross-border traffic jams.
Since these mass crossings, the number of people entering Ceuta and Melilla has decreased significantly. For example, since the start of the year, 20 migrants have crossed to Melilla and 19 to Ceuta, according to figures published by the United Nations Refugee Agency (UNHCR) and updated on January 14. By contrast, more than 3,000 people arrive by boat in Spain’s Canary Islands, an archipelago in the Atlantic Ocean off the coast of West Africa.
Uses AFP, AP