A judge orders the return to Ceuta of several repatriated minors

• Early morning newspaper library in Tarajal

A

has ordered the

in the autonomous city to

who were repatriated to

last August, on the understanding that their fundamental rights have been violated as there is "a relevant risk" of falling into

Specifically, the

has issued two sentences, to which Efe has had access, in which the Government Delegation is ordered to cease the operation of expulsion of these minors and "adopt the necessary measures for the return of repatriated minors".

In this way, the judge agrees with the

who filed appeals in August on behalf of 20 Moroccan minors against the expulsion process that culminated in 55 expelled, who had entered Ceuta crossing the Tarajal border during the avalanches of May 17 and 18.

These 20 children were welcomed by the childhood area of ​​the autonomous city and housed in industrial buildings in the

and later in the

where they resided until the repatriations began on August 13, according to reports. the organizations.

The judge harshly attacks the actions of the Government Delegation and the Government of the autonomous city because "in the present case, it is not that any of the procedural steps have been omitted, it is that they have all been omitted."

In this regard, it warns that "there has been no initiation of proceedings, no request for reports, no allegations phase, no hearing process, no evidence phase, not even a resolution agreeing to the repatriation of minors, that is, there is no trace any of the repatriation file".

The resolution recalls that repatriation "cannot be an end in itself, but must be appropriate to the end it pursues, which is none other than the best interests of the minor."

For this reason, it understands that there is "a significant risk situation for the physical and moral integrity of minors" since "there is no evidence that anyone is going to take care of them once they are repatriated to their country of origin", which "is would determine that they were in a situation of abandonment or helplessness".

It also recalls that the bilateral agreement with Morocco does not exempt the Administration from applying to minors the guarantees provided for in the

"Article 5 of the Agreement expressly requires the "... strict observance of Spanish legislation..." to decide on the return to their country of origin of an unaccompanied minor, so there can be no room for the slightest doubt of the obligation of having to comply with the procedures established in Article 192 et seq. of RD 557/11 in order to agree on the repatriation of a minor", he points out.

Thus, the judge upholds the claim for violation of the right to physical and moral integrity and not to be subjected to inhuman and degrading treatment recognized in the

On the contrary, it considers that the violation of the right to effective judicial protection and personal liberty of minors is not proven, dismissing the claims in this regard.

Sources from the Government Delegation have indicated to Efe that they are pending notification of the sentences, against which there is an appeal within 15 days.

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