Spain
06.11.01
Urgent Interventions
Spain: street children expelled and ill-treated again
CHILD CONCERN
Case ESP 061101.CC
Cruel, inhuman or degrading treatment
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 2 Moroccan street children were expelled to Morocco from the autonomous community of Melilla in Spain on 31 October 2001.
According to information received from a reliable source, the children, Marzok Abderrazak Massira and Farid El Cheikh both aged 16, have been arrested and expelled by the national police force several times, the last of which was on 31 October 2001. On their arrival at the border, the children were immediately handed over to the Moroccan police without the presence of their families or social services, in contradiction with Spanish laws on the protection of minors and the law of foreigners.
It would appear that they then suffered ill-treatment by the Moroccan police; this was evidenced by a certificate established by a Spanish doctor three days after their expulsion, who noted bruising.
According to information at hand, Marzok Abderrazak Massira had lived in Melilla for 6 years, mainly from begging. He has a residence permit, he attends school and is a ward of the Cité Autonome. It is therefore questionable that the aim of his expulsion to Morocco was a family reunification.
Farid's story is very similar to that of Marzok : he was expelled from the town at the same time as Marzok, and also suffered ill-treatment.
OMCT wishes to draw attention to the fact that in ratifying the Convention on the Rights of the Child (the Convention) on 6 December 1990 Spain recognised that "in all actions concerning children ... the best interests of the child shall be a primary consideration" (Article 3 paragraph 1). 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 forbid torture and cruel, inhuman or degrading treatment or punishment.
Furthermore, OMCT recalls that Spain has also undertaken to apply the Convention without any distinction whatsoever, irrespective of national, ethnic or social origin, of the children concerned (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 their best interest, 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 risk 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 are not discriminated against, 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 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, Madrid
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, 6 November 2001.
Kindly inform us of any action you may take, citing the code of this appeal in your reply.
Case ESP 061101.CC
Cruel, inhuman or degrading treatment
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 2 Moroccan street children were expelled to Morocco from the autonomous community of Melilla in Spain on 31 October 2001.
According to information received from a reliable source, the children, Marzok Abderrazak Massira and Farid El Cheikh both aged 16, have been arrested and expelled by the national police force several times, the last of which was on 31 October 2001. On their arrival at the border, the children were immediately handed over to the Moroccan police without the presence of their families or social services, in contradiction with Spanish laws on the protection of minors and the law of foreigners.
It would appear that they then suffered ill-treatment by the Moroccan police; this was evidenced by a certificate established by a Spanish doctor three days after their expulsion, who noted bruising.
According to information at hand, Marzok Abderrazak Massira had lived in Melilla for 6 years, mainly from begging. He has a residence permit, he attends school and is a ward of the Cité Autonome. It is therefore questionable that the aim of his expulsion to Morocco was a family reunification.
Farid's story is very similar to that of Marzok : he was expelled from the town at the same time as Marzok, and also suffered ill-treatment.
OMCT wishes to draw attention to the fact that in ratifying the Convention on the Rights of the Child (the Convention) on 6 December 1990 Spain recognised that "in all actions concerning children ... the best interests of the child shall be a primary consideration" (Article 3 paragraph 1). 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 forbid torture and cruel, inhuman or degrading treatment or punishment.
Furthermore, OMCT recalls that Spain has also undertaken to apply the Convention without any distinction whatsoever, irrespective of national, ethnic or social origin, of the children concerned (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 their best interest, 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 risk 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 are not discriminated against, 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 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, Madrid
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, 6 November 2001.
Kindly inform us of any action you may take, citing the code of this appeal in your reply.