Shortly after the assertions of the Spanish Interior Minister, Fernando Grande Marlasca, that the “repatriation” of Moroccan minors to their country is “legal”, the administrative tribunal of the occupied president of Sebta decided to suspend “the expulsion” of nine Moroccan minors, thus posing a big question about the legality of the operation.
The Spanish Interior Minister, Fernando Grande Marlasca, refused in a press statement to consider what he described as “repatriation of Moroccan minors to their country”, launched on Friday, as an “expulsion” of the latter. .
However, the administrative court of the occupied city of Sebta was not of the same opinion in deciding, on the very day of this declaration, to suspend the expulsion of nine Moroccan minors, as a precaution, at the request of associations of defense of human rights.
If from Marlaska’s point of view, the process of handing over minors to the Moroccan authorities is based on the agreement signed between the two countries in 2007 and updated in 2012, and therefore legal, the Sebta administrative court considers that it does not is not and for good reason.
The judge’s decision based his decision on information indicating that the return of these minors is not subject to specific legal controls, first and foremost the absence of an administrative file for each of them, report the media. Spanish.
What about legal control?
And, moreover, “no decision has been made concerning the return of minors, as stipulated in the agreement signed between Spain and Morocco in 2007”.
While the Iberian Minister of the Interior affirms that the “repatriations” respect the Convention on the Rights of the Child, which favors the reunification of minors with their families, the Spanish justice responds in the negative.
Indeed, the administrative court’s decision to suspend the expulsion of nine minors came after defense associations had submitted a request, which included stopping the expulsion of 12 minors to Morocco, except that the decision of the court was handed down after three of them had already been deported to Morocco.
The court explained its decision by the fact that “Spanish legislation only authorizes the return of adults who are in Spanish territory illegally, without processing their administrative file”.
Which is not the case for minors. According to the said decision, “the authorities must open an administrative file for minors, which includes their data, including family and the social and family conditions in which they lived in their country of origin”.
The eviction continues
The decision of the said court came to refute, therefore, the “denials” of Minister Marlasca, who confirmed Monday that the operations take into account the best interests of minors.
It reinforces, it should be said in passing, the positions taken by Spanish associations and NGOs such as Save the Children, which have constantly affirmed that “mass expulsions are illegal and are not subject to the controls provided for by law”.
Despite growing calls for an end to the expulsions, the Spanish authorities continue to implement their agreement with their Moroccan counterparts.
The minors continue to be transferred to the border and handed over to the Moroccan authorities, who transfer them to a center for minors in Martil.
With the group of 15 who will be expelled today, the total number of minors who have been expelled since last Friday, the date of the start of the process which should concern 740 minors in total, the expulsion should reach 75 minors, an average of 15 unaccompanied minors per day.