Marlaska takes to the Judiciary the veto of Judge Tardón that left Interior without key information on the crisis in Ceuta

The Minister of the Interior, Fernando Grande-Marlaska, has this Thursday expressed to the General Council of the Judiciary (CGPJ) his concern over the decision of the National Court judge María Tardón to prevent the police team investigating the massive entry of migrants into Ceuta from informing their superiors about their inquiries.

Marlaska sent a letter to the president of the judges' governing body, Isabel Perelló, after learning that the magistrate had prohibited investigators from transferring information about the content and preparation of the police report incorporated into the case. That document reached the National Court without prior knowledge of the minister or the political officials in charge of managing the crisis.

The letter maintains scrupulous respect for Tardón's powers, although it questions whether the imposed secrecy on the investigation could extend to leaving the Government without relevant data to face the border emergency. Marlaska recalled his dual status as minister and magistrate to defend judicial independence and the functional dependence of the Judicial Police on judges, courts, and the Public Prosecutor's Office.

The head of the Interior believes, at the same time, that both obligations can coexist. In his opinion, "it should not be incompatible" to attend to all the requirements of the National Court and to inform police and political superiors of those circumstances necessary to make decisions on public and national security.

A crisis declared of interest for national security

The claim is based on the dimension reached by the Ceuta crisis after the irregular entry of more than 70,000 people on July 30 and 31. The Government declared the situation of interest for national security on August 25 under the protection of Law 36/2015, which activated extraordinary coordination mechanisms between administrations and state bodies.

The Interior maintains that the information in the hands of the National Police is of "great interest" for the Executive to exercise its constitutional functions of directing domestic and foreign policy and defending the State. The lack of access to these data would directly affect the Government's ability to assess risks, order reinforcements, or coordinate the response to a crisis of this magnitude.

Marlaska proposes that the Judicial Police can communicate to the judicial bodies everything related to the investigation and, in parallel, provide the Executive with the essential elements to protect the general interest. This transmission would have to be carried out without compromising the investigations or interfering in the decisions of the magistrate.

The letter addressed to Perelló now opens a debate within the Judiciary about the limits of the secrecy ordered by Tardón and its relationship with the constitutional powers of the Government when there is a threat affecting a Spanish and European external border.

The report that Interior learned about through the press

The conflict arose around the report prepared by the National Immigration and Borders Center (CENIF) and sent to Judge Tardón. The document analyzes images, communications, and other materials collected after the massive entry and points to an active intervention by Moroccan agents to facilitate and direct movements towards the Ceuta border.

The existence and part of the conclusions of the report transcended in the media before Marlaska received an explanation from the police leadership. The Director General of the Police, Francisco Pardo, maintained that the agents had judicial instructions to keep silent before their superiors and that Tardón only authorized the delivery of the document this Wednesday.

The minister then asked Pardo for explanations for the failure in the information chain. The controversy worsened as it involved data directly related to Morocco's possible responsibilities and to the police alerts prior to the events of July 30 and 31.

With his letter to the CGPJ, Marlaska has moved the controversy from the internal sphere of the Police to the highest governing body of judges. Interior demands that a reserved judicial investigation allow the Executive to know the essential data to respond to a crisis that the State itself has formally placed in the realm of national security.