Immigrants uploaded to the Melilla fence. EFE / File – euronews

Reuters, 13/04 14:30 CET

Immigrants uploaded to the Melilla fence. EFE / File

Madrid, April 13 ( EFE ) .- The rejection border migrants intercepted in the area of ​​”intervallado” or any of the fences as those in Ceuta and Melilla is “radically illegal” according to a report fourteen professors and experts from various legal disciplines from various universities

This is the study “Rejects border. ¿border without rights ? “promoted by the I + D + i Iusmigrante project, in which several universities participate and which is managed by the Complutense de Madrid, which analyzes the tenth additional provision of the Immigration Act introduced by reform of the Public Safety Act last month.

The report analyzes the new figure of “border rejection” and shows that the “summary deliveries, also known as hot returns or expulsions to the Moroccan authorities of foreign nationals intercepted at border perimeter of Ceuta and Melilla are no legal cover in this new regulation. “

The study stresses the” controversially “which has been processed this reform,” technical difficulties “posed by determining the scope of the concept of “border rejection” and the rights and guarantees that “undeniably” must be respected in the proceedings in light of the constitutional and Community rules and human rights.

Warns that “the new tenth additional provision of the Immigration Act does not give legal cover to summary refunds intercepted citizens crossing the perimeter fences of Ceuta and Melilla, a practice that remains radically illegal and may result in criminal and disciplinary responsibilities” .

He added that the drafting of the new border rejection procedure prevents its application when the foreign person is in the area of ​​intervallado or been intercepted either perched on fences and lawyers indicate “the undisputed reality that the fences are entirely located in national territory. “

Another conclusion is that” the geographical location and the uniqueness of Ceuta and Melilla can never be used to justify that they are territories that can be done except rule of law “.

The report notes that the essential principles to be observed in the border rejection are to be developed as a process in which rights are guaranteed interested audience, legal aid and interpreter, which is free in case of lack of funds and make it real the possibility of effective judicial control.

“These principles imply at least the identification of stakeholders, the issuance of an individual administrative decision duly motivated and reporting regime appeals against that resolution, “says the study.

Make that must be dispensed with due regard to situations of particular vulnerability, as in the case of unaccompanied minors and applicants for asylum or subsidiary international protection.

In addition to prohibiting collective expulsions, estimated that “prior to any delivery basis, the doubts that may remain to be respected” in relation to the treatment that they receive the immigrants rejected by the Moroccan authorities.

The principal investigator of the report is the professor of criminal law at the Complutense University of Madrid Margarita Martínez Escamilla.

They are also authors José Miguel Sánchez Thomas, professor of criminal law at the Rey Juan Carlos University; José Luis Segovia Barnabas, Professor of Social Ethics at the Pontifical University of Salamanca, and José Luis Díez Ripollés, Professor of Criminal Law at the University of Málaga.

Also, Enrique Gimbernat Ordeig, Professor of Criminal Law the Complutense University of Madrid; Julio González García, professor of administrative law at the university; Esteban Pérez Alonso, professor at the University of Granada, and Mercedes Pérez Manzano, professor of criminal law at the Autonomous University of Madrid.

Also Pablo Pérez Tremps, Professor of Constitutional Law at the University Carlos III of Madrid; Elisa Pérez Vera, professor emeritus at the UNED expert on Private International Law, and Miguel Revenga Sánchez, Professor of Constitutional Law at the University of Cádiz.

Finally, Fernando Rey Martínez, Professor of Constitutional Law at the University of Valladolid; Julian Carlos Rios Martin, professor of criminal law at the Pontifical University of Comillas in Madrid, and Ignacio Villaverde Menéndez, Professor of Constitutional Law at the University of Oviedo.

euronews published from Reuters as, but not involved in the published articles.

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