The agreement between the government of Pedro Sánchez and Bildu to reform the citizen security law considers, in addition to ending rubber bullets or harsh punishments for disobedience, ending the warm returns from immigrants In Ceuta and Melilla. In this regard, the Spanish Refugee Assistance Commission (CEAR) hopes that the modification of the legal text will truly put an end to these practices, which it considers “illegal”, consisting of depriving immigrants of the right to asylum, which are also illegal. Strasbourg has already approved hot returns when Spain immediately returned Morocco to an Ivorian and a Malian who, with 80 other sub-Saharan immigrants, crossed the Melilla barrier in 2014.
The one that the left called the Gag Law (approved in 2015 by the absolute majority of Rajoy’s PP) established that foreign citizens detected trying to irregularly cross the border of Ceuta or Melilla can be rejected “in order to prevent their illegal entry in Spain.
According to the text proposed today, six months after the entry into force of the new law on citizen security, the Sánchez government commits to reform immigration law with a new provision that “shall recognize and guarantee the rights of migrants and ensure that asylum applications will be processed in accordance with human rights provisions and international protection regulations.”
Therefore, adds the agreed text, they will be installed asylum offices at the border to study the situation of immigrants before issuing an expulsion order
In 2020, let us remember, the European Court of Human Rights (ECtHR) annulled a conviction against Spain and established that the immediate return of the two immigrants who crossed the Melilla barrier to enter Spain illegally they did not violate the European Convention on Human Rightssince their entry into the national territory violating the legal system and using force.
It should also be noted that international regulations do not require welcoming immigrants who migrate via social or economic reasonseven if it provides for the possibility of requesting asylum or refugee status in the event of persecution due to political or ideological reasons. It also prohibits the return to their country of origin of people who risk being subjected to the death penalty, suffering acts of torture or inhuman and degrading treatment.
In this regard, the police union Jupol already reported to OKDIARIO Andalucía that the NGO advise illegal immigrants say they are homosexual remain on Spanish soil for humanitarian reasons.
NGOs show their support for reform
Thus, the sources of CEAR showed in statements to Efe their wish that this regulatory change implies the real end of these practices which they have denounced for “years” since, according to the NGO, “they violate access to international protection and the principle of non-refoulement”, as well as the commitments acquired by Spain in the areas of human rights and asylum.
“It is the obligation of the Spanish authorities to individually assess the protection needs of people crossing our borders by providing them with access to right to seek asylum and all the guarantees established in Spanish, European and international legislation, and these summary declarations prevent it”, affirms the CEAR.
The spokesperson for the Association declared to the same effect Pro Human Rights of Andalusia (APDHA), Diego Boza, who insisted that hot returns are “illegal and contrary to international law”.
