Justice keeps the repatriations of ore to Morocco suspended

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The repatriation to Morocco out of the 700 unaccompanied foreign minors (menas) come to Ceuta during the migratory avalanche from last May is still frozen. The holder of the Contentious-Administrative Court number 1 of Ceuta ordered this Tuesday maintain suspension to return nine minors to their country moroccan by the expeditious route chosen by the Interior Ministry and outside the provisions of Spanish legislation and international treaties.

The judge states that, in the event of a return, “there is enough data to understand that there could have been a violation of the right to judicial protection effective ”of the aforementioned Moroccan children and adolescents.

The suspension of this measure has also been extended by the administration to the rest of the hundreds of young immigrants who are, in the same situation, in the autonomous city.

«If this measure is lifted, their repatriation would be allowed; Therefore, if an estimate of the plaintiff’s claim is issued, it would be absolutely ineffective as a administrative decision that violates a fundamental right, without obtaining the protection sought when the minor was found in Morocco, “he reasons in his resolution.

Outside of international law

According to the order, the content of which he has had access to Europa Press, the agreement signed by Spain and Morocco on March 6, 2007, on which the State Bar based the defense of the procedure chosen for expulsions “It is not an international treaty”, but “a declaration of intentions” that “it is not a source of international obligations, nor is it governed by international law.”

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In addition, the magistrate recalls that in her own articles, Spain is obliged to “abide by our legal system and the norms of international law, specifically the Convention on the Rights of the Child to proceed with the repatriation of minors ”.

In his opinion, “it is only possible to carry out said repatriation if it is carried out with absolute respect for our legal system”, something that has not been done even with the Aliens Law nor with that of Legal Protection of Minors.

“There is no record – he warns – that the mandatory procedures have been complied with: no information has been provided on the minors affected that allow knowing the data that have determined their repatriation; there is no evidence that the start of the repatriation process or the minors was notified; nor to the Autonomous City despite assuming the custody of minors; nor to the Public Prosecutor’s Office, without in any way it being understood that the required procedures are being complied with, the mere referral to the Public Prosecutor’s Office of the list of minors who are going to be repatriated that same day; and neither has the reasoned resolution that can be appealed been provided “.

The order remarks that «one of the essential principles of our legal system is that laws must be followed on their own terms. “This implies that everyone, including Administrations, has the obligation of the current regulations, without making exceptions not expressly contemplated in the normative text itself,” he concludes.

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