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Editorial: El País

Jan. 26, 2024

  • The Supreme Court of Spain has determined that the return of 45 irregular minors from Ceuta to Morocco in August 2021 was illegal.
  • The authorities violated the Immigration Law that requires an administrative procedure, the study of minors' personal situation, and giving them a hearing.
  • NGOs, Fundación Raíces and Coordinadora de Barrios, took the case to court and secured a favorable ruling from the Supreme Court.
  • The incident arises as a result of political friction with Morocco, after Spain allowed the medical treatment of Polisario Front leader, Brahim Ghali.
  • The Ministry of the Interior justified the returns according to a cooperation agreement between Spain and Morocco from 2007.
  • The Supreme Court clarified that such justification does not exempt from complying with the regulations established in the Immigration Law.
  • Collective expulsions of foreigners are prohibited by the European agreement for the protection of human rights.

Conclusion: The verdict underscores the legal and moral imperative to safeguard human rights in immigration policies, even in challenging political situations.