Monday 17 February 2020

Spain: European Court Approves Summary Deportations of Illegal Migrants

Spain: European Court Approves Summary Deportations of Illegal Migrants

by Soeren Kern  •  February 17, 2020 at 5:00 am
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  • The Strasbourg-based court — which has jurisdiction over 47 European countries, and whose rulings are binding on all 27 member states of the European Union — ruled that in order for migrants to benefit from certain human rights protections, such as access to lawyers, interpreters and the right to remain in Europe, they must first enter European territory in a legal, as opposed to an illegal, manner.
  • The ruling is being viewed as a major victory for those who believe that sovereign nation states have the right to decide who is and is not allowed to enter their territory.
  • "The ECHR's ruling determines that a nation state has the right to defend its borders. When someone is dedicated to violating those borders, the nation state has the right to return that person to their place of origin as quickly as possible." — Iván Espinosa de los Monteros, spokesman for the Vox Party, November 13, 2020.
  • It remains unclear if the ECHR's ruling will have a deterrent effect. Migrants, often using extreme violence, are increasingly using the tactic of mass attacks against the border fences in Ceuta and Melilla in an effort to overwhelm border police.
Migrants, often using extreme violence, are increasingly using the tactic of mass attacks against Spain's border fences in Ceuta and Melilla in an effort to overwhelm border police. During the past 18 months, thousands of migrants equipped with gloves, spike shoes and makeshift hooks have attempted to scale the fences. Pictured: The border fence between Morocco and Ceuta, a Spanish exclave in North Africa. (Photo by Jorge Guerrero/AFP via Getty Images)
In a landmark decision that will have potentially seismic implications for immigration policy in Europe, the European Court of Human Rights (ECHR) has ruled that Spain acted lawfully when it summarily deported two migrants who illegally tried to enter Spanish territory.
The Strasbourg-based court — which has jurisdiction over 47 European countries, and whose rulings are binding on all 27 member states of the European Union — ruled that in order for migrants to benefit from certain human rights protections, such as access to lawyers, interpreters and the right to remain in Europe, they must first enter European territory in a legal, as opposed to an illegal, manner.

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