August 29th, 2014

The Lawyer calls for a Special Action Protocol for massive irregular arrivals of immigrants and offers to coordinate it

After the massive arrival of immigrants on the beaches of Cádiz between August 4 and 12, and in the face of the episodes that occur with some frequency on the fences of Ceuta and Melilla, the Consejo General of the Advocacy calls for the development of a Special Action Protocol at the administrative, judicial, police and health level, both to respond to these exceptional situations of arrival on the Andalusian and Canary coasts, as well as in cases of avalanches before the fences of Ceuta and melilla. In addition, it undertakes to draw up as quickly as possible a specific Protocol for the Public Shift services in exceptional cases of massive irregular arrivals of immigrants.

The Council appreciates the excellent work and solidarity shown by the population, lawyers, local authorities, Civil Guard, National Police, Spanish Red Cross and health services, but understands that, in the absence of clear and specific regulations, a significant number of procedural irregularities, when not true violations of rights with inappropriate judicial and political responses. The Advocacy also draws attention to the lack of means of some courts to deal with these exceptional circumstances, and the non-existence of specialized individual protection equipment, as well as the fact that among the immigrants who have arrived in recent days there is an increasing number of people fleeing from countries in conflict, and who should therefore be recognized as possible refugees and the corresponding asylum procedures initiated with them.

In this sense, the Council of Lawyers offers to take a step forward and carry out the work of coordination and collaboration to develop said Protocol, together with the competent authorities and the Office of the Ombudsman.

On the other hand, the Advocacy also asks the Ministries of the Interior and Justice to report on the legal situation of the people held in the so-called "special center" of Algeciras and whether or not they are deprived of freedom of movement.

According to the latest information, and as explained on August 26 in the Permanent Council by the spokesman for the Popular Parliamentary Group Leopoldo Barreda de los Ríos, the Ministry of the Interior has processed 916 expulsion files for as many immigrants among the 1.409 arrivals between the 4th and the 12th of August to the Cadiz beaches. Of them, 543 have been confined in Centros de Internamiento de Extranjeros (CIE) for your deportation; 546 have been "entrusted" to different NGOs for their reception in different parts of the country, and 340 are still in Tarifa, of which 90 will end up in the CIEs of Madrid and Barcelona, ​​78 will be taken in by NGOs and 7 have been released , prior expulsion file “for having resources or family in Spain”.

Finally, at least 168 people continue to be deprived of their liberty in a "special center" in Algeciras, authorized by the National Police to expedite the processes, and taking into account that their admission to said center took place at least on August 12, this situation requires clarification. The "habeas corpus" petition, made by lawyers and some NGOs, has been dismissed and the Ombudsman understands that this is not an effective procedure, but no other that is capable of acabar with the situation of deprivation of liberty of the people confined in the "special center". The Council of Lawyers considers that the situation of such people requires the most urgent clarification and in any case their immediate placement under judicial protection.

In addition, given that this is not a problem exclusive to any European country, the Council of Lawyers considers that ultimately the European Commission must prepare the relevant Guidelines, collecting the contributions of the action protocols developed by each of the Member States. that support the massive irregular arrivals of immigrants on the eastern and southern borders.