Immigration: Morocco's free bar to the "camp of shame"
Immigration.Onalia Bueno: "Marlaska failed me at minute zero"
The Arguineguín port camp is illegal.
The Arguineguín port camp is illegal.
That is the conclusion of several lawyers consulted by this newspaper, who denounce the serious violation of human rights within.
Daniel Arencibia, one of those who knows the pier best for having worked inside it these days, lists several of them: "There is a ruling by the European Court of Human Rights (number 53541/07) that condemns Greece for keeping Asylum seekers locked up in a massive place
icated for several weeks in a prefabricated store, without the possibility of going out, without clean sheets,
what constitutes degrading treatment
, since it violates article 3 of the European Convention on Human Rights ". Arcadio Díaz Tejera, judge of the CIE of Gran Canaria, has already denounced
that many immigrants were many more days than those 72 hours of which Interior Minister Fernando Grande Marlaska spoke
as the supposed limit to stay in the port. The reality is that
some people have been there for 25 days
, dressed in the same clothes and crowded together.
Arcadio Díaz, who met 30 Malians prepared to be repatriated during his visit last August
without their right to asylum being addressed
(Mali is a country in conflict), he also observed large legal loopholes in the camp set up on the Arguineguín pier.
For example, the fact that immigrants, after those 72 hours,
they will stay inside without any legal protection
"This decision has no legal backing of any kind. It is illegal detention," says the CIE magistrate. In other words, the Government is not respecting Article 520 of the criminal prosecution law by which the case of a detainee, after 72 hours, it remains in the hands of the decision of a judge, and no judge has taken charge of any of them in Arguineguín, which also violates article 17.2 of the Spanish Constitution, which says: 'Preventive detention may not last longer than time strictly necessary to carry out the inquiries aimed at clarifying the facts, and, in any case,
within a maximum period of seventy-two hours, the detainee must be released
or at the disposal of the judicial authority. '"Arencibia continues to list the series of articles of the Spanish Penal Code that are being violated:" Immigrants, since they are de facto deprived of liberty on the dock,
they should have the right to a phone call like any detainee
The 173 of the Penal Code refers to the conditions that these people are suffering, "says the lawyer. If we go to the literal meaning of this article, we find that a crime is committed" by someone who inflicts on another person
degrading treatment, seriously undermining their moral integrity
"." Another violated article is 511, which regulates 'injury to dignity or denial of benefits based on race,' "Arencibia assures." And the 2011 protocol regarding incidents with multiple victims.
Taking into account the hundreds of people who have lost their lives at sea in recent weeks en route, it is not understood how the Government
you have not enabled a telephone for relatives
, as the law says, to report if your child is alive on the dock, dead or missing.
And, of course, the opacity with which it is
preventing journalists from carrying out their work inside the Arguineguín pier
", concludes Daniel Arencibia. Agustín Santana, member of the Governing Board of the Bar Association, assures that on that dock" all human rights are being violated,
but not only from immigrants, but also from the rest of the workers who serve them
, from police officers, lawyers, volunteers or interpreters ".Teseida García, the Foreigners Prosecutor, assures that she made a report" very harsh, reflecting all the deficiencies of the Arguineguín camp ", but that no action is taken ex officio"
since there is no evidence or complaints that these people, after 72 hours, are being held against their will
"Several civil guards, acting as judicial police, already entered the interior of the pier on Friday to record and
document the situation of immigrants crammed inside
as part of the judicial commission of the magistrate of the Court of Instruction number 2 of San Bartolomé de Tirajana following a complaint of
Onalia Bueno, mayor of Mogán
for violation of Human Rights
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