The TJS of Andalusia dismisses Sebta

The Superior Court of Justice of Andalusia (TSJ) indicated yesterday Thursday that the rights of Moroccan minors, repatriated to Morocco from Sebta during last summer, have been violated and that the legislation has been broken.

This is how the pronouncement of a verdict of the TJS, dismissed and therefore rejected the appeal (the first of a long series) filed by the Government Delegation in Sebta and the autonomous city against the sentence imposed on them. by a court of first instance (TPI) of Sebta precisely.

The judgment responds to the latter and orders the President’s Government Delegation to put in place mechanisms to rbring to Spain twelve minors who were deported to Morocco. In two sentences notified in the announcement of the verdict, it is said that “it is not that none of the procedures have been omitted” in these expulsions, but “it is that they have all been omitted”, with de facto a bet of ” risky situation “ relevant to these minors, violating their fundamental rights.

Indeed, the Government Delegation of Sebta, with the approval of the Secretary of State for Security, had articulated the implementation of an agreement for the repatriation of minors to Morocco in 2007 which had never been applied before. Under the pact, minors began to be loaded into vans and transferred to the El Tarajal border and handed over to Moroccan authorities, who in turn had to transfer them to a nearby reception center pending their whereabouts. their families.

In the first decree, the Chamber “supports” the decision of first instance and concludes that “the sudden, massive and illegal nature of the entry into Sebta in the spring of last year of thousands of citizens of the Kingdom of Morocco did not authorize in no way the Kingdom of Spain to extract itself from its submission to the rule of law. After the first few weeks, when many of those who had entered had already left of their own accord, it was estimated that there were more than eight hundred minors who were still in the presides.

In this regard, and in response to the allegations made by the Public Prosecutor on behalf of the Government Delegation of Sebta, the SJT recalls that for the “cooperation agreement” with Morocco in 2007, the authorities of Sebta put forward to justify the summary handing over of children and adolescents through the border of El Tarajal ” did not displace, exempt or replace national and international legislation on unaccompanied foreign minors, but supplemented or implemented it“. This agreement requires Spain to “strictly respect” its own laws.

As a reminder, the local authorities of the enclave expelled about fifty minors under these conditions. Expulsions decried by Spanish NGOs including Coordinadora de Barrios and Fundación Raíces who brought the case to Spanish justice.

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