The Government appears in the case investigating the migratory crisis in Ceuta as "harmed": "We will be there"

Judge María Tardón has declared the Audiencia Nacional competent to investigate the massive and irregular entry of people into Ceuta from Morocco on July 30 and 31. The magistrate provisionally considers that the events could constitute crimes against the peace or independence of the State, against the rights of foreign citizens, negligent homicides, and criminal organization. In this regard, the Government of Pedro Sánchez has announced that it will appear in the case.

The person in charge of transmitting the information was the Minister of Territorial Policy and Democratic Memory, Ángel Víctor Torres, in an interview on La noche en 24 horas, where he stated: "The Government of Spain will appear in this case as an injured party [...] We are going to defend that in that appearance we can have all the information and defend that if these investigations finally conclude that there have been external circumstances that may have affected national security, we will be there."

Asked if appearing as an "injured party" means that the Executive will act against Morocco, Torres avoided anticipating responsibilities and pointed out that the investigation itself will clarify what happened. "A judicial process has been opened in which everything that happened will also be analyzed by the neighboring country, and we will be there," he affirmed.

"A criminal conduct allegedly committed abroad"

Magistrate María Tardón considers, in her admission order, supported by a favorable report from the Prosecutor's Office, that "we are facing a criminal conduct allegedly committed abroad that has seriously attacked the territorial integrity of Spain, which is guaranteed in Article 2 of the Constitution, using for this purpose the massive entry into our country, to which irregular migratory flows have been added that have seriously affected the lives and rights of the citizens of Ceuta."

The resolution includes a report from the National Immigration and Borders Center (CENIF), according to which the massive entry would not have been a spontaneous or isolated episode. The judge points out that, in the previous days, a sustained increase in entries into Ceuta was registered and that social networks played a relevant role in disseminating the calls. On July 29, CENIF issued an extreme risk alert due to the forecast of coordinated entries by swimming and by jumping the fence.

During July 30 and 31, according to the order, waves of different intensity occurred that overwhelmed the response capacity of the Spanish border control system. The magistrate considers that this mobilization constituted a massive violation of Spanish territorial sovereignty and also points to subsequent consequences in areas such as public safety, health, social services and defense, as well as possible international and political effects.

Tardón also focuses on the conditions in which many people made the sea journey. The order speaks of an “absolute disregard for the lives of the most vulnerable people” and points out that some were led to the sea without sufficient preparation, with inadequate clothing and precarious flotation devices. The investigation contemplates 83 deaths accredited so far in Spanish waters, which the judge provisionally links to possible crimes against the rights of foreign citizens in connection with reckless homicides.

Another element highlighted by the investigating judge is the action of the Moroccan security forces in the Fnideq and Castillejos area. According to the order: "A clear and undeniable management favoring the process from the territory of the Kingdom of Morocco has also been evidenced, on Fnideq beach itself and places adjacent to said space in the city of Castillejos, through the verified and graphically contrasted behavior of the Moroccan Security Forces”. The resolution points to a possible attitude of permissiveness and even “active guidance” of those trying to access Spain.

Puente criticizes the magistrate 

The Minister of Transport, Óscar Puente, has granted an interview on the 'Cadena SER' program Hora 25 where he commented on the latest information about the Ceuta crisis after the massive entry of more than 70,000 people into Spanish territory between July 30 and 31.

In this regard, asked by journalist José Luis Sastre about the opening of a case by magistrate María Tardón, to investigate the migratory crisis, Puente, has questioned her "impartiality". Likewise, he has maintained the Executive's position, stating that there is no evidence that the Government of Morocco has organized or participated in the entry. 

"To date, she has shown signs that her impartiality can be doubted," the minister affirmed, alluding to the judge's past as a PP councilwoman in the Madrid City Council. 

Puente insisted on his criticism of the magistrate and defended that his doubts do not respond solely to her political career, but to a series of "facts" that, in his opinion, should be taken into account. In this regard, he recalled that Tardón, although currently serving as a judge, "comes from the political world."

The magistrate had declared this Monday the competence of the National Court to investigate the case and had sent a rogatory letter to the courts of Ceuta. In her resolution, Tardón maintained that "the behaviors subject to the procedure have attacked the form of Government" and that the facts could constitute "an attack, a violation of the territorial integrity of Spain."

The Minister of Transport also questioned that the opening of the investigation has occurred with the elements available so far. "I do not have the evidence that the judge has. If all she has is the police report, I don't know if it's a very wise decision," he said.