AMNESTY INTERNATIONAL USA
PRESS RELEASE

Thursday, October 26, 2006

(Washington, DC) One year ago, 13 persons were killed and hundreds wounded as migrants tried to enter the Spanish enclaves Ceuta and Melilla. Investigations into the actions of the Spanish and Moroccan security forces involved have not been concluded and no preventive measures adopted, Amnesty International charged today in a new report, Spain and Morocco: Failure to Protect the Rights of Migrants - Ceuta and Melilla One Year On.

"From victims' testimonies and our contact with the Spanish and Moroccan authorities, Amnesty International is concerned that the investigation may be neither comprehensive nor objective," said Larry Cox, Amnesty International USA executive director. "Both Spain and Morocco used extreme measures, including the use of excessive force, to return migrants and asylum-seekers to countries where they may be tortured or ill-treated. Yet no disciplinary action has been taken for the deaths and cruelty toward migrants - essentially providing impunity for those responsible."

Amnesty International states that those attempting to enter Ceuta and Melilla - Spanish cities on the coast of North Africa, sandwiched between Morocco and the Mediterranean - were exercising their right to seek asylum. By expelling them, both countries violated their national and international obligations in relation to migrants and asylum-seekers.

Three more people were killed as late as July 2006 when they tried to enter Spain from Morocco. On the following day, the Spanish Minister of the Interior agreed to provide Amnesty International with updated information on the investigation of this and past incidents, but has failed to do so.

Amnesty International is urging that a fully resourced independent agency investigate all allegations of serious human rights violations by law enforcement officers.

The organization has repeatedly expressed its concern about allegations of ill-treatment and excessive use of force by the Spanish Civil Guard, including use of firearms and heavy rubber bullets at close range, when confronting migrants and asylum-seekers attempting to climb over the heavily fortified double fences that ring both Ceuta and Melilla, separating each of them from Morocco.

Moreover, when people are intercepted by Spanish Civil Guards in the area between the two border fences around either city, they are often immediately unlawfully expelled through one of the gates in the fence closest to Moroccan territory. At no point do they have the opportunity to obtain legal advice nor are they given access to an interpreter as required by Spanish law. Amnesty International finds unacceptable the claim by the Spanish authorities that the Spanish aliens' law does not "fully" apply between the two border fences around either city.

In Morocco near both Ceuta and Melilla, this year, as in previous years, thousands of people suspected of being irregular migrants have been arrested by the Moroccan authorities and expelled across the border with Algeria near the city of Oujda. Those arrested are expelled without the chance to appeal the decision to deport them or to examine the ground on which the decision was taken, despite these rights being guaranteed by Moroccan law. Once in Algeria, they are often dealt with in the same way by the authorities there, who summarily expel them back across the border with Morocco or another neighboring country.

Amnesty International continues to receive reports that asylum-seekers are among those arrested and expelled from Morocco, although in fewer numbers this year than last. Of particular concern are allegations that Moroccan officials have confiscated UNHCR documents confirming that the individuals are asylum-seekers and then destroyed the papers in front of them.

Amnesty International urges the European Union to ensure that its member-state Spain conducts prompt, thorough, independent and impartial investigations into the excessive use of force or firearms by law enforcement officials; as well as to ensure that adequate human rights provisions are inserted in any EU-Morocco readmission agreement.

Read the report »

Contact: Jason Opeña Disterhoft 202-544-0200 x302 or jdisterhoft@aiusa.org

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