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(en) cgt-lkn: against "hot returns" (ca, it, pt) [machine translation]

Date Fri, 21 Feb 2020 09:09:14 +0200


The ruling of the European Court of Human Rights (ECHR) in relation to "hot returns" violates the elementary rights of any human being struggling to escape from very dramatic realities, estimating the Spanish Government's appeal against the October 3 ruling of 2017 thatunanimously ruled that Spain had incurred in two violations of the European Convention of Rights that prohibits collective expulsions, and article 13 that requires the existence of adequate resources to challenge the possible violations of the rights recognized therein. ---- The ECHR now resolves by a very large majority that the expulsion and return to Morocco in hot or border, without following any legal procedure, of two people from Mali and Ivory Coast who, on August 13, 2014, had entered the territory Spanish jumping the fence of Melilla, does not violate any of the two precepts that had previously been considered violated. In addition, the ECHR maintains that these two people were able to apply for asylum at source, which is totally unrealizable.

It turns out that the Constitutional Court is pending resolution of the appeal of unconstitutionality raised by, among others, the PSOE, against the 'Gag Law, in the tenth additional provision, establishes that: "Foreigners who are detected on the border line of the Territorial demarcation of Ceuta or Melilla while trying to overcome border containment elements to cross the border irregularly may be rejected in order to prevent their illegal entry into Spain. "

We cannot forget the PSOE-UP government program, to repeal the "Gag Law" and the electoral program of United We can say that it will be monitored "that there is no hot return or illegal express". In addition, the Government may not practice hot returns, although current legislation authorizes it and already promotes a modification of the 'Gag Law' in this matter. We will see what is the "progressive" character of this Government.

https://www.cgt-lkn.org/blog/archivos/6161
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