The Supreme Court confirmed that the return of Moroccan minors from Ceuta to Morocco carried out by the Spanish authorities in August 2021 is illegal due to “absolute non-compliance” with the provisions of the Immigration Law, which requires an individual management approach, information about each affected person, hearing the minor when he is an adult, and intervention by the Prosecutor’s Office. The court, in agreement with the public ministry, considered that the rights and physical and moral integrity of the minors who returned to Morocco were violated. The Contentious-Administrative Chamber of the Supreme Court argued that the alleged impairment of the integrity of the minors returned that summer occurs when a person is placed at grave risk of suffering physical or mental illness. He emphasized in his statement that it cannot be denied that something like this happened in this case if the administration did not weigh the interests of the minors or verify any of their circumstances.
Thus, the high court rejected the appeals of the State Attorney’s Office and the Autonomous City of Ceuta against the judgments of the Court of Ceuta and the Superior Court of Justice of Andalusia that supported the arguments of the Neighborhood Coordinator for the Monitoring of Youth and Minors, who in turn acted on his behalf and behalf of eight Moroccan minors. In this way, they established that Spain has committed a de facto act by not following the procedures established by the Immigration Law and Regulations to repatriate minors. For the Supreme Court, beyond the seriousness of the events of May 17 and 18, 2021, in Ceuta, when thousands of people illegally entered the border from Morocco, several hundred of them minors, the debate in the lawsuit focuses on whether the agreement between Spain and Morocco on March 6, 2007, is enough to support the decision to return the deported minors. Or if, on the contrary, it is necessary to follow the procedures established by the Immigration Law for these cases.
For the Supreme Court, the agreement between Spain and Morocco in 2007 does not constitute in itself a sufficient regulatory basis to decide on the return of minors. And it is argued under the circumstances without considering any method or necessary method. He considered in the judgment, “especially when it affects the fundamental rights of the people,” that “the Spanish authorities must pass their actions through the corresponding administrative procedure, as a guarantee of the legality and correctness of their decision and as a safeguard…” in the interest of those affected.” In this case, which is regulated by the Immigration Law and Regulations, In addition, the resolution considers that non-compliance with procedural steps is reinforced by the provisions of the European Convention on Human Rights, where Article 4 of Protocol 4 dictates that “the collective expulsion of aliens is prohibited.”