On Tuesday 3 October, the European Court of Human Rights (ECHR) ordered Spain to pay €5,000 to two migrants of sub-Saharan origin who were part of a collective expulsion to Morocco.
In August 2014, the two migrants – one Malian national and one Ivorian – were caught trying to climb over the gates of the Spanish enclave of Melilla on the North African coast. They were sent back to Morocco without being subjected to an identification procedure and in the absence of any prior administrative or legal proceedings.
In its judgment, the ECHR considers that these facts correspond to a collective expulsion, a procedure which is prohibited under article 4 of Protocol 4 of the European Human Rights Convention. Furthermore, the right of the two migrants to recourse was flouted by the Spanish authorities, even though it is enshrined in article 13 of the same Protocol.
According to the Strasbourg judges, the argument put forward by the Spanish government, that the plaintiffs were not on Spanish soil at the time of the events, does not hold water. The judgment points out that it is not necessary to establish whether the border between Morocco and Spain is located in Spain or not, adding that when authorities carry out controls on people, it is by its nature a control carried out on individuals by the state.
There is therefore no doubt that the events come under the jurisdiction of Spain within the meaning of article 1 of the Convention.
It is worth noting that the Spanish government, which does not deny carrying out summary expulsions, amended the organic law on the right and freedoms of foreign nationals shortly after the events in question. (Original version in French by Véronique Leblanc)