Sunday, December 5

Interior is unmarked from the return of minors in the National Court and points to the Delegation and Ceuta




The Secretary of State for Security, Rafael Pérez, has sent a letter to the Fifth Section of the Contentious Chamber of the National Court in which he insists that the Interior did not play any role in the repatriations of minors to Morocco and affirms that if there were violations of fundamental rights, “they will be predicable” of the action of the Government Delegation or the Executive of Ceuta, not from the Ministry of the Interior.

The letter obeys the last request for information sent by the Contentious Chamber to the department of Fernando Grande-Marlaska, subject to an appeal from the Immigration and Refugee Aid Network for the letter sent by the Secretary of State for Security on the past 10 August to the Government Delegation in Ceuta and the Autonomous City urging on behalf of the minister, to proceed immediately with the repatriations of minors.

The Chamber had given the cabinet five days to provide “the entire file” on the repatriation as well as its objections to the admission of the appeal, as reported by ABC. The Secretary of State now responds to this with a letter in which he assures that that letter “is not an instruction”, since “it is limited to showing that the Minister of the Interior asks that the minors be returned” under the protection of the repatriation agreement with Morocco and protecting their rights.

It understands that “none of the violations of rights indicated” in the NGO’s appeal “can be attributed to the aforementioned agreement” with Morocco. »On the contrary, these possible violations of fundamental rights They will be predicable of the administrative actions that could be carried out by the Government Delegation in Ceuta or by the Administration of the Autonomous City of Ceuta under the agreement ”, he assures.

He defends that that letter is “Independent of the administrative actions that could be carried out by the Government Delegation in Ceuta or by the Administration of the Autonomous City ”, on which it places the weight of responsibility, if any, for the management of returns that have been paralyzed by court order in Ceuta after it was proven that they did not comply with the law.

From this perspective, the Secretary of State concludes that “it will be before the jurisdictional body that is competent to hear the review of those specific administrative actions carried out by the Government Delegation in Ceuta and by the Administration of the Autonomous City of Ceuta where The eventual infractions of the legal system that they may entail must be considered ”. Not in the National Court.

The Fifth Section, however, has already ruled on its own jurisdiction and concluded that it was up to him to understand the resource because that letter could be considered, a priori, an instruction. However, you still have to study the file, which includes the aforementioned letter and the entire series of communications in which Interior notified the Prosecutor’s Office of the repatriation, among others.

It is a material very similar to that already studied by the Ceuta Contentious Court and from which it deduced that repatriations had to remain paralyzed because the legal procedures had not been followed.

The difference is that now, the institution that is in focus is directly the Ministry of the Interior, which insists that it only transmitted a request and that it was, in addition, Foreign Affairs who led the relationship with Morocco to reactivate the agreement, that is, it had nothing to do with the process.

Meanwhile, Ceuta and the central government have already rectified. They have agreed to abide by the order of that judge and continue trying to return minors, but not like the weekend of August 13, but by the means established by law.

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