the investigation of The case Tarajal, on the death of 15 immigrants in 2014 when they were trying to reach to swim to the coast of Ceuta, while the Civil Guard wore riot gear, has revealed that Spain used to return hot “approximately” since 1999. A detail that told on two occasions during the instruction, a command of the command of the city, as stated in the summary, to which had access THE COUNTRY and that the judge gave shelved last Tuesday. The Governments of PP and PSOE denied for decades this practice.

on February 6, 2014 marked a before and an after in the recent history of the southern border. That day, not only died 15 migrants trying to reach the beach of Tarajal while the riot police throwing rubber balls and smoke canisters into the sea to prevent it, but that the Government was forced to redefine immediately all the migration policy of the State. After decades denying the call returns in hot, despite the allegations of the NGOS, the Executive began from then on to admit openly —the cameras had captured how it was to be expelled 23 of the strangers who had come to the coast during the tragedy. Yes, Inside the baptized as “rejection at the border”, argued that they were covered by the rules and, just a year later, introduced an additional provision in the law gag for ampararlas explicitly.

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The judge applied the ‘doctrine Loot’ to archive the case against the civil guards processed by Tarajal The State attorney defends the actions of the Civil Guard in the tragedy of The Tarajal

And that, until that moment, the returns on hot had been for nearly a decade one of the great battles between NGOS and the Interior. Although the social groups has never been known precisely when he began this practice in 2002 and began to collect the first testimonies of migrants who had denounced his expulsion to Morocco after getting into one of the two autonomous cities. This year, for example, the Spanish Commission for Refugee Aid (CEAR) reported to the Prosecutor’s office that several asylum seekers algerians had been intercepted in Ceuta by agents of the National Police and the Civil Guard, who forced them to move to the neighboring country crawling under the fence. In a report of Walk Frontiers, another NGO operating in the area, it also includes the testimony of a without papers who claimed that in 2003, the institute armed stopped him and returned through a small door of the fence.

Are the first signs. But now, the case This helps to delimit more precisely when Spain began to implement this practice. As stated in the summary of the cause, the captain, chief of the Unit of the Company Rural Security of the city, responsible for the operating during the tragedy and who reported directly to lieutenant colonel chief of the command, explained to the researchers and to the judge that the returns on hot have been happening “since the construction of the perimeter fence border, since the year 1999 approximately following the guidelines of the Headquarters of the Commandery”. In addition, another report of the Civil Guard joined the summary, although not accurate as of the date of initial, support that these expulsions were happening, and that is “consolidated” in 2005, on the occasion of the first massive assaults to the fences of Ceuta and Melilla”.

despite this, during his statement, the captain, chief denies calling them refunds in the hot —expression that uses the judge instructor— and qualifies as “rejection at the border”, in line with Inner. A key term for the legal battle that began in 2014, when the Government of Mariano Rajoy began to admit to the root of some NGOS succeed in documenting it. According to the version of the then minister of Interior, Jorge Fernández Díaz (PP), these expulsions are covered by the law because it believes that immigrants do not enter the country when they outgrow the fence, but when they cross the line of agents deployed to slow it down. A thesis that have been rejected in sharp contrast to the NGOS, Brussels, the Ombudsman and a large group of jurists, which considered that the returns in hot violate the law national, european and international law on human rights.

waiting for Strasbourg

The political debate by the expulsions, in hot comes dragging from recrudeciera in 2014 after the tragedy of Tarajal and the open acknowledgement of this practice, which was then an international dimension. The 13 of August of that same year, Spain returned to use this mechanism to return to Morocco to N. D. and N. T., two immigrants from Mali and the Ivory Coast that one day jumped the fence of Ceuta. Both denounced what happened before the European Court of Human Rights (ECHR) in Strasbourg, in October 2017 was considered proven that the Civil Guard arrested both migrants and drove them immediately back to Morocco in violation of the European Convention on Human Rights. In addition, he condemned Spain to compensate both with 5,000 euros.

The Rajoy Government then announced his intention to appeal against the decision to the Grand Chamber of the ECHR on the ground that there had been a violation of the international legality. The Strasbourg Court set a July 4, 2018 to check this resource. However, after the motion of censure became president Pedro Sánchez, the new minister of Justice, Dolores Delgado, sent a letter to Strasbourg in the requesting postponement of this review. In the letter, the Executive claimed that it had noticed “immediately the remarkable significance” of the case and announced that he would review the position which Spain had intended to maintain on the audience. The ECHR accepted the request and postponed until September.

however, the position of the Executive socialist kept in view was similar to that of the PP Government and also denied any irregularities in the expulsion of the two immigrants. After more than a year, Strasbourg has not been pronounced. In fact, the Government has relied on the lack of the failure to postpone the repeal of the provision of the gag law that legalized the return hot in 2015. The PSOE had claimed when he was in the opposition. The current Ministry of the Interior has always argued that it will suppress the figure once the ECTHR set out the legal framework in which to do so. The past month of June, in its annual report, the Ombudsman urged the parties to modify the controversial aspects of this law, among them, the returns on hot.

NGOS resortn the file of ‘case Tarajal’

Several accusations popular personadas in the case Tarajal announced this Thursday that they would file as decreed by the judge of Ceuta, which dismissed on Tuesday because after processing the last month to 16 civil guards due to homicide, reckless and a denial of relief. The magistrate gave shelved the matter by applying the doctrine of Loot, which maintains that you cannot open oral trial if you just ask for the particular charge, and not the Prosecutor’s office and the State attorney, as is the case. “They are already five years demanding justice and reparation for the victims. We will call this decision to the Audiencia Provincial”, has advanced this Thursday by the Spanish Commission for Refugee Aid (CEAR). “We understand that some events are so serious as these, or through indication of a criminal should not go unpunished, although the Prosecution does not want to acknowledge”, apostilló Isabel Elbal, the Observatory Desc. The associations of the Civil Guard showed, for his part, welcomed the decision of the court.

The officers have defended their innocence and have always insisted that they fired at the immigrants who swam to the coast. “The cause of death was that everyone tried to enter through a very small space,” said the captain, chief during his statement to the instructor, who said that “none [undocumented] drowned” in the Spanish waters. On those returned in hot the 6th of February he also added that none of the 23 expelled was injured: “If we are injured, we are left with them. Because if Morocco sees that they are injured, you don’t want to”. “We reject at the border. I arrived in 2010 [this fate], and, since I joined, has been doing the same thing it has been doing since 1999”, remachó.

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