“The proposed amendments to the Aliens Act aimed at legalising push-backs of migrants arriving in Ceuta and Melilla currently discussed in Spain are in clear breach of human rights law. The Spanish authorities should reconsider them and ensure that any future legislation fully abides by Spain's international obligations, which include ensuring full access to an effective asylum procedure, providing protection against refoulement and refraining from collective expulsions", said today Nils Muižnieks, the Council of Europe Commissioner for Human Rights, concluding a visit to Melilla and Madrid that started on 13 January.
The Commissioner stressed that these fundamental human rights safeguards can never be waived, irrespective of the challenges that the management of migration flows may pose in certain contexts. “Migration is certainly a complex issue which requires a concerted European response, but this does not exempt individual States from their obligations. Spain has the right to establish its own immigration and border management policies, but at the same time it must uphold its human rights obligations, in particular those assumed under the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees.”
During the visit to Melilla, the Commissioner received consistent information on push-backs, in some cases accompanied by excessive use of force, carried out by the Spanish border police (Guardia Civil). “Push-backs must stop and should be replaced by a practice which reconciles border control and human rights. This is not mission impossible, considering that the migration flows in Melilla currently remain at a manageable level. Any excessive use of force by law enforcement officials must be fully and effectively investigated and those found responsible must be adequately sanctioned." (more...)
See also:
Spain and the Council of Europe