The Spanish Public Ministry clears the Civil Guard

The Spanish public prosecutor’s office has decided to archive the investigation into the death of 23 migrants at the Melilla border on June 24. The Public Prosecutor’s report considers that the elements of the Civil Guard did not make any mistake and could not foresee the death of the migrants.

Immigration Coordination Chamber prosecutor Beatriz Sánchez sees no evidence of crime in the actions of Civil Guard agents, according to a decree that archives the investigation procedure into the events at the Melilla border where several sub-Saharan migrants died in riots trying to reach Spanish territory.

The decree indicates that there is no evidence of crime, or manslaughter, in the actions of the agents of the Spanish bodies and security forces. However, the prosecutor points out that several agents threw stones at migrants who were trying to enter Spain, which constitutes a disciplinary fault.

The Civil Guard agents involved in carrying out their duties could not “avoid the detrimental result” because “they were not aware, nor could they be, of the risk that was occurring inside du patio”, the place of the avalanche of people mounted on the fence, indicates the 36-page decree following the investigation.

The investigation served to determine the responsibility of the Spanish agents in the attempted irregular entry of migrants of sub-Saharan origin, when they made a massive and violent jump on the border fence of Melilla from Morocco.

“It was difficult for them to consider the possibility of adopting measures to avoid what happened dramatically. None of them were in the place where the avalanche happened, they could not foresee in advance that it was going to happen in the terms in which It finally turned out that they did not have visibility on the area nor had they been informed of the events taking place there”, indicates the document quoted by the Spanish press agency Europa press.

Regarding the possibility that the agents had committed a crime of omission of assistance to a person in danger, the prosecutor underlined that they were not aware of the avalanche “so at no time could they have imagined the possibility that there are people at risk who need their help”.

And to add that in the moments following the avalanche “they did not appreciate and could not appreciate the existence of injuries and deaths” and that even if they had been aware of the seriousness of the events, they could not have rescued them “at their own risk”, since to enter the place where the riot had taken place, they would have had to take a long road along which “there were many migrants throwing blunt objects”.

At the level of the assessment of the response of the Spanish agents, the report indicates that it was proportionate and that “they used their defenses and other approved riot and crowd control elements, smoke devices, gas tear gas, rubber bullets and self-defense sprays”.

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