The transfer, in August 2021, of some of the 234 minors who were staying at the Santa Amelia sports center, in Ceuta, since the jump over the fence in May of that same year. Reduan (EFE)
The head of the Investigating Court Number 2 of Ceuta has agreed to continue the procedures of the abbreviated procedure to bring to trial for an alleged crime of continued prevarication against the former Government delegate, Salvadora Mateos, and the first vice president of the local Executive, Mabel Deu ( PP).
Both ignored in August 2021 in a "rude" way as a material author and a necessary cooperator, respectively, to adhere to the provisions of the Immigration Law to return to their country 55 unaccompanied Moroccan minors "whose vulnerability results from that condition".
The minors entered Spain during the border crisis of May 17 and 18, 2021.
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The judge has given 10 days to the Prosecutor's Office and the accusations to formulate an indictment requesting the opening of an oral trial or the dismissal of the case, without prejudice to the fact that they can request the practice of complementary proceedings that they consider essential to present the accusation.
According to the order communicated this Friday by the magistrate to the parties, the former delegate was administratively competent to carry out the procedures related to the repatriation of unaccompanied migrant children and "absolutely dispensed with the established procedure, taking advantage of the availability that the Moroccan authorities exceptionally showed to receive” at least part of the minors who had irregularly accessed the Spanish town in May of last year.
The magistrate understands, therefore, that the repatriation procedure was not correct, among other reasons, because she dispensed with the "mandatory individualized resolution in accordance with national and international law for the protection of the rights of minors."
Deu, who resigned from the powers of Minors in July, "was in agreement" with the other investigated "in proceeding to deliver to Morocco the minors under her custody, knowingly dispensing with any procedure and the issuance of the mandatory individualized resolution in accordance with national and international law for the protection of the rights of minors”, according to the order.
The behavior of Mateos and the vice president of the Government of Ceuta has already been disapproved in the first and second instance through contentious-administrative proceedings.
The L'Escola association denounced their action through criminal proceedings and the Autonomous City Prosecutor's Office opened investigative proceedings that led to an investigation after which it has been found that "they acted in agreement with flagrant and gross violation" of the regulations in this regard and “knowing the illegality of the action, pursuing with its arbitrary decision to collectively repatriate migrant minors, without observing or respecting their rights.
The two investigated “disregarded the prohibition of collective repatriations, dispensed with the administrative procedure at all, especially the hearing of the minor, his right to legal assistance and an interpreter.
The prior hearing procedure of the public prosecutor's office was dispensed with and the duty to issue a reasoned resolution in which the interest of the minor is considered, also violating the right to appeal against the repatriation decision, because what happened is that it went directly to the phase of execution, which was the aim pursued”.
The judge adds that, "since the Monitoring Committee referred to in article 6 of the Spanish-Moroccan Agreement of 2007 was not established, there is a lack of official information on the situation and [of the] measures adopted with each of the minors affected, ignoring if they have effectively returned with their families or who has taken care of them in each case”.
And she cites the specific case of three of them, although there are at least six deportees who have managed to return to Spanish territory.
The Government of Ceuta admitted in August that it did not have any written document that reported individually on the circumstances of each of the minors who had been returned to Morocco.
As explained by the president of Ceuta, Juan Jesús Vivas, who finally appeared together with Mabel Deu, vice president and counselor with jurisdiction over minors, the criterion that defined which children would be repatriated was only the vulnerability profile established by the Foundation's technicians. Samu, responsible for the reception device.
