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Parliamentary question - P-007539/2017Parliamentary question
P-007539/2017

Criminalisation of humanitarian assistance for migrants

Question for written answer P-007539-17
to the Commission
Rule 130
Juan Fernando López Aguilar (S&D)

Helena Maleno, an activist from the organisation Caminando Fronteras, has been accused of people smuggling in Tangier following an investigation carried out by Spain. According to information published in the media, Maleno’s calls to Salvamento Maritimo (the Spanish Maritime Rescue organisation) asking it to rescue migrants from boats lost at sea are seen as a criminal offence.

Having regard to Directive 2002/90/EC, Article 1(2) of which allows a State not to penalise those who facilitate the entry of foreigners into a Member State for humanitarian reasons, in so far as national law so provides; having regard to the International Convention on Maritime Search and Rescue of which Spain is a party; given that Article 268 of the Spanish Port and Merchant Navy Act codifies the functions of Salvamento Maritimo, including the saving of lives at sea; and having regard to Article 25(4) of Organic Law 4/2000 of 11 January 2000 which allows the entry of foreign nationals into Spain for humanitarian reasons: