The arrival of immigrants at Isla de Tierra in Alhucemas: Migratory crisis between Spain and Morocco and violations of human rights

Abstract

New legal questions have arisen after the massive arrival at the Spanish Islands and Rocks close to Morocco, especially at Isla de Tierra Island, of Sub-Saharan migrants in 2012. In this case, the historic Moroccan territorial claim has not been an obstacle for cooperating with Spain, but both countries have presumably violated internal and international laws regarding human rights and the procedural guarantees for the immigrant removal. First, this paper analyzes the legal status of Isla de Tierra and the exercise of sovereignty by Spain at the European border control. Moreover, the validity of the bilateral agreement to remove illegal immigrants adopted in 1992 between Spain and Morocco has been questioned. Finally, the violation of human rights has been reported by Non-Governmental Organizations (NGOs) to Spanish administrative Institutions (the Ombudsman) and to International Organizations, such as the Committee against the Torture of the United Nations Organization or the European Court of Human Rights of the Council of Europe. The rules the States must apply in the control of their borders and the battle against illegal immigration are highlighted in this study, having been stated the violation of the procedural guarantees and the immigrant’s human rights by the Spanish institutions.