European Court of Human Rights condemns Spain for the illegal practice of ‘hot returns’ at the border
27.11.2017
Question for written answer E-007274-17
to the Commission
Rule 130
Miguel Urbán Crespo (GUE/NGL)
The European Court of Human Rights ruled on 3.10.2017 that the ‘hot returns’ by the Spanish State at the border with Morocco are illegal and in breach of Article 9 of Directive 2013/32/EU and of the European Convention on Human Rights, which prohibits collective expulsions and guarantees the right to an effective appeals procedure for persons returned, including access to legal assistance, the services of an interpreter, the possibility of recourse and access to asylum. For this reason, the Spanish State was ordered to indemnify the complainants.
Instead of complying with this judgment, on 21 November 2017 there were further cases of ‘hot returns’. Following that judgment, I asked what measures the Commission intended to take in response to the unlawful actions on the part of the Spanish State. In view of Spain’s failure to comply with the judgment of the European Court of Human Rights and its repeated violations of the Charter of Fundamental Rights of the European Union and of the directives on return and asylum:
- 1.Does the Commission intend to intervene and impose sanctions on Spain?
- 2.Does the Commission believe that the Spanish State is exemplary in matters of border management as indicated by President Rajoy?