Spain
21.08.01
Urgent Interventions
Spain: arbitrary detention and ill-treatment against street children
CHILD CONCERN
Case ESP 200801.EE
The International Secretariat of the OMCT requests your URGENT INTERVENTION in the following situation in the autonomous community of Melilla in Spain.
Brief description of the facts
The International Secretariat of the OMCT is deeply concerned about the conditions in which 10 Moroccan street children were expelled to Morocco from the autonomous community of Melilla in Spain between 27 July and 4 August 2001.
According to information received from a reliable source, the children, aged 11 to 17 years, were arrested by the national police force and immediately handed over to the Moroccan authorities without the presence of their families or of the social services. It is alleged that they were locked up in the dungeons of the Moroccan police for several hours, and that some of them may have been subjected to ill-treatment.
The children are as follows : Aomar Charcamal aged 16; Ismail Houari aged 12; Halid Said Suen aged 17; Moasin aged 14; Yousef Kandouri aged 11; Mahamed Elmessbahy aged 16; Mohamed Fath Al-Lal aged 12; Abdali Mhite aged 16; Marzok Abderrazak aged 15; Hamaca aged 14.
To cite an example, Aomar Charcamal is said to have lived in Melilla for 10 years, mainly from begging. According to the information received, his mother and two brothers also live regularly in Melilla. It is therefore difficult to consider his expulsion to Morocco as a family reunification. Aomar appears to have been seen by another child in the dungeon of the Moroccan national police force on 29 July 2001. He showed evidence of ill-treatment and said he had received a lot of blows ("muchos tortazos").
Another example is that of Ismail Houari. He is alleged to have been subjected to ill-treatment by the Moroccan police while trying to slip through the customs post again in the direction of Melilla.
According to Arturo Esteban, Government Delegate in Melilla, the policy of repatriation of street children will continue in the future.
OMCT would like to draw attention to the fact that in ratifying the Convention on the rights of the child (the Convention) on 6 December 1990, Spain agreed that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration (Article 3, paragraph 1). In particular, OMCT considers that Spain is bound not to expel children from its territory if they run the risk of being submitted to treatment that is contrary to Article 37, paragraph 1 of the Convention or Article 3 of the European Convention on Human Rights which forbids torture and inhuman or degrading punishment or treatment. Moreover, OMCT draws attention to the fact that Spain has also undertaken to apply the Convention " without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. (Article 2, paragraph 1).
Action requested
Kindly contact the Spanish authorities, requesting them :
· not to expel foreign children from Melilla if it is not in the best interests of the child, especially if these children are better integrated in Melilla than in Morocco, or if it is not certain that they have a family which is able to receive them in Morocco;
· to take all necessary steps to safeguard the physical and psychological integrity of the children of Melilla, and in particular, not to expel street children if they run the risk of undergoing ill-treatment in the receiving country;
· to take all necessary steps to protect, educate, rehabilitate and integrate street children and prevent their criminalisation;
· to ensure that street children of Moroccan origin do not suffer discrimination, for whatever reason;
· in general, to guarantee respect of human rights and fundamental freedoms all over the country, according to national laws and international standards, and in particular, the Convention on the rights of the child.
Addresses
Presidencia del Gobierno, S.E. D. José María Aznar Lopez, Complejo de la Moncloa - 28071 Madrid. Portavoz del Gobierno, Dr. Pio Cabanillas; Fax: (+ 34) 91 321 40 30
Director del Gabinete de la Presidencia, D. Carlos Aragones Mendiguchia, Complejo de la Moncloa - Madrid Fax : (+ 34).91.390.0356
Ministro del Interior - Jaime Mayor Oreja, Ministerio del Interior, Paseo de la Castellana, 5 - 28071 Madrid,
Fax : (+ 34) 91.522.1538/(+ 34).91.522.5865
Defensor del Pueblo - Fernando Alvarez de Miranda y Torres Eduardo, Defensoría del Pueblo, 31 - 28071 Madrid, Fax : (+ 34) 91 308 1158
Consejo General del Poder Judicial - Presidente Francisco Javier Delgado Barrio Marques de la Ensenada, 8 - 28071 Madrid, Fax : (+ 34) 91 310 0306
Fiscal General del Estado, Fiscalia General de Estado - Jesús Cardenal Fortuny, 4 - 28071 Madrid
Fax : (+ 34).91.319.3317
Ministro de Asuntos Exteriores - Juan Abel Matutes, Ministerio de Asuntos Exteriores, Plaza de la Provincia, 1 - 28071 Madrid, Fax (+ 34) 91 366 3856
Ministro de Justicia, Dr. Angel Acebes Paniagua, Ministerio de Justicia, Fax.: (+ 34)9 1 390 22 68
Tribunal Tutelar de Menores de Melilla, Fax: (+ 34) 95 268 05 29
Please also write to the diplomatic representatives of Spain in your country.
Geneva, 21 August 2001.
Kindly inform us of any action you may take, citing the code of this appeal in your reply.
Case ESP 200801.EE
The International Secretariat of the OMCT requests your URGENT INTERVENTION in the following situation in the autonomous community of Melilla in Spain.
Brief description of the facts
The International Secretariat of the OMCT is deeply concerned about the conditions in which 10 Moroccan street children were expelled to Morocco from the autonomous community of Melilla in Spain between 27 July and 4 August 2001.
According to information received from a reliable source, the children, aged 11 to 17 years, were arrested by the national police force and immediately handed over to the Moroccan authorities without the presence of their families or of the social services. It is alleged that they were locked up in the dungeons of the Moroccan police for several hours, and that some of them may have been subjected to ill-treatment.
The children are as follows : Aomar Charcamal aged 16; Ismail Houari aged 12; Halid Said Suen aged 17; Moasin aged 14; Yousef Kandouri aged 11; Mahamed Elmessbahy aged 16; Mohamed Fath Al-Lal aged 12; Abdali Mhite aged 16; Marzok Abderrazak aged 15; Hamaca aged 14.
To cite an example, Aomar Charcamal is said to have lived in Melilla for 10 years, mainly from begging. According to the information received, his mother and two brothers also live regularly in Melilla. It is therefore difficult to consider his expulsion to Morocco as a family reunification. Aomar appears to have been seen by another child in the dungeon of the Moroccan national police force on 29 July 2001. He showed evidence of ill-treatment and said he had received a lot of blows ("muchos tortazos").
Another example is that of Ismail Houari. He is alleged to have been subjected to ill-treatment by the Moroccan police while trying to slip through the customs post again in the direction of Melilla.
According to Arturo Esteban, Government Delegate in Melilla, the policy of repatriation of street children will continue in the future.
OMCT would like to draw attention to the fact that in ratifying the Convention on the rights of the child (the Convention) on 6 December 1990, Spain agreed that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration (Article 3, paragraph 1). In particular, OMCT considers that Spain is bound not to expel children from its territory if they run the risk of being submitted to treatment that is contrary to Article 37, paragraph 1 of the Convention or Article 3 of the European Convention on Human Rights which forbids torture and inhuman or degrading punishment or treatment. Moreover, OMCT draws attention to the fact that Spain has also undertaken to apply the Convention " without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. (Article 2, paragraph 1).
Action requested
Kindly contact the Spanish authorities, requesting them :
· not to expel foreign children from Melilla if it is not in the best interests of the child, especially if these children are better integrated in Melilla than in Morocco, or if it is not certain that they have a family which is able to receive them in Morocco;
· to take all necessary steps to safeguard the physical and psychological integrity of the children of Melilla, and in particular, not to expel street children if they run the risk of undergoing ill-treatment in the receiving country;
· to take all necessary steps to protect, educate, rehabilitate and integrate street children and prevent their criminalisation;
· to ensure that street children of Moroccan origin do not suffer discrimination, for whatever reason;
· in general, to guarantee respect of human rights and fundamental freedoms all over the country, according to national laws and international standards, and in particular, the Convention on the rights of the child.
Addresses
Presidencia del Gobierno, S.E. D. José María Aznar Lopez, Complejo de la Moncloa - 28071 Madrid. Portavoz del Gobierno, Dr. Pio Cabanillas; Fax: (+ 34) 91 321 40 30
Director del Gabinete de la Presidencia, D. Carlos Aragones Mendiguchia, Complejo de la Moncloa - Madrid Fax : (+ 34).91.390.0356
Ministro del Interior - Jaime Mayor Oreja, Ministerio del Interior, Paseo de la Castellana, 5 - 28071 Madrid,
Fax : (+ 34) 91.522.1538/(+ 34).91.522.5865
Defensor del Pueblo - Fernando Alvarez de Miranda y Torres Eduardo, Defensoría del Pueblo, 31 - 28071 Madrid, Fax : (+ 34) 91 308 1158
Consejo General del Poder Judicial - Presidente Francisco Javier Delgado Barrio Marques de la Ensenada, 8 - 28071 Madrid, Fax : (+ 34) 91 310 0306
Fiscal General del Estado, Fiscalia General de Estado - Jesús Cardenal Fortuny, 4 - 28071 Madrid
Fax : (+ 34).91.319.3317
Ministro de Asuntos Exteriores - Juan Abel Matutes, Ministerio de Asuntos Exteriores, Plaza de la Provincia, 1 - 28071 Madrid, Fax (+ 34) 91 366 3856
Ministro de Justicia, Dr. Angel Acebes Paniagua, Ministerio de Justicia, Fax.: (+ 34)9 1 390 22 68
Tribunal Tutelar de Menores de Melilla, Fax: (+ 34) 95 268 05 29
Please also write to the diplomatic representatives of Spain in your country.
Geneva, 21 August 2001.
Kindly inform us of any action you may take, citing the code of this appeal in your reply.