Despite the decision of the Supreme Court (TS) that this Monday declared illegal the return of Moroccan minors from Ceuta in the summer of 2021, the Minister of the Interior, Fernando Grande-Marlaska, defended that those with competent authority acts to preserve the “best interest”. of minors.”
In press statements before appearing in Congress, Grande-Marlaska indicated that she “respects” the Supreme Court’s resolution, as she does with all judicial decisions, although she immediately reiterated that the return of the migrant minors from Ceuta were approved in response to the interests of these men and women.
“The competent authorities in the matter acted at all times with full conviction to follow the legal system and always under the principle of the best interest of the minor,” he said in a brief statement.
In addition, he added that the respect of this interest of the minor is a principle that “governs in a complete and expressive manner all the powers of the State”, citing the Government and the regional and local administrations, in this case in Ceuta.
In response to Grande-Marlaska’s words, the Supreme Court confirmed this Monday that the return of unaccompanied minors from Ceuta to Morocco in August 2021 is illegal, because the Spanish authorities acted with “absolute “rejection” of Immigration Law and failure to comply. the European Convention on Human Rights, which prohibits the “collective expulsion of foreigners.”
“The return of unaccompanied minors in an illegal situation in Spain cannot be based solely on the Agreement between the Kingdom of Spain and the Kingdom of Morocco of 2007, but the Spanish laws on the matter must also to change, especially with regard to procedural guarantees,” the court concluded.
The magistrates rejected the appeals of the Delegation of the Government of Ceuta and the Government of the autonomous city, which accused last week in a hearing that the returns took place in the context of a “real invasion” and that the Spain’s actions depend on the agreement signed with Rabat in 2007, because it defends that the rights of minors are not violated.
In the decision, the Contentious-Administrative Chamber rejected these arguments and agreed with the criteria of the Public Prosecutor’s Office in considering that the rights of physical and moral integrity of the returned minors were indeed violated. As explained by the court, the alleged violation occurs when they are placed at “serious risk of suffering a physical or mental illness” if “the Administration does not take into account the interests of minors, especially a verification of their individual circumstances.
Therefore, the Supreme Court endorsed the decision of the Superior Court of Justice of Andalusia to confirm the decision of the court of Ceuta supporting the reasons of the Neighborhood Coordinator for the Monitoring of Youth and Minors – who acted for it and the eight minor Moroccan–. That resolution established that Spain committed a de facto act by not following the procedures established by the Immigration Law and Regulations to repatriate minors.
Consequently, the Government Delegation was ordered to “adopt the necessary measures” to achieve “the return of (unaccompanied) minors effectively repatriated” by mid-August 2021.
Podemos asks for “responsibilities”
Podemos wants the President of the Government, Pedro Sánchez, to take the responsibilities after the decision of the Supreme Court that declared illegal the return of minor migrants made in Spain from Ceuta to Morocco in the summer in 2021.
“The main person responsible for the immigration policy is the President of the Government and it seems to us that the person who should be responsible for these illegal acts is the President. We are going to work to demand and demand that it be explained,” requested the Secretary of Organization and deputy of the Congress party, Lilith Verstrynge.
“Even before we criticized the events with a letter to the Minister of the Interior, in which we said that we questioned the legality and rejected it. Now the Supreme Court agreed with us. The same day that Pedro Sánchez was proud of the humanist immigration practices , the Supreme Court concluded that under his presidency, the Interior made an illegal return,” he said.