The investigation opened by the Spanish courts into the death of at least 23 sub-Saharan migrants who tried to enter the enclave of Melilla from Morocco at the end of June has been “dismissed”. This was announced on Friday, December 23, in the public prosecutor’s office, in a press release taken up by AFP.
While the drama of Melilla continues to fuel the debate among human rights defenders around the world, the investigation opened by the Spanish justice system into this case has been dismissed. “The prosecution closed the investigation” on this tragedy because it “did not identify any signs of crime in the actions of the agents of the Spanish security forces”, announced, Friday, December 23, the public ministry.
A decision that comes to the aid of the Spanish authorities, pointed out in this tragedy by many NGOs and associations for the defense of human rights. Indeed, Amnesty International has determined, in its recent investigation, that Spain and Morocco have a share of responsibility in this drama [1].
“We cannot conclude that the action of the agents increased the risk weighing on the life and physical integrity of the migrants and we cannot, therefore, charge them with manslaughter”, adds the Spanish prosecution in its press release.
The drama of Melilla: The prosecution points the finger at the “hostile attitude” of migrants
According to the prosecution, “none of the agents had knowledge” of the fall of migrants on top of each other from the fence separating Melilla from Morocco “and of its fatal consequences”, and did not know “that there were people at risk who needed help. According to the elements gathered during the six months of investigation, “the attitude of the migrants” was “constantly hostile and violent, towards the Moroccan and Spanish agents [2] ”, underlines the prosecution.
However, the public prosecutor’s office specifies that it has transmitted to the heads of the Spanish security forces elements for possible disciplinary proceedings against agents suspected of having thrown stones at migrants [3]. The Public Ministry further calls on the Spanish authorities to “implement the necessary measures” so that migrants can file asylum applications in due form and no longer have to attempt to cross the border illegally.
