Migrants' Internment in Boat Trip to Lanzarote is Denied by Authorities
In a significant decision, the Court of Instruction number 3 in Arrecife (Lanzarote) has released 44 immigrants who had arrived clandestinely on a Dutch tugboat, requiring only that they designate an address for notification purposes. All these individuals expressed their intention to apply for international protection (asylum) before the court.
The judge framed the situation as a humanitarian rescue at sea and noted there was no proof that the migrants intended to enter Spain irregularly, as the tugboat's official destination was the port of Antwerp, Belgium. The migrants, who included unaccompanied migrant minors, will remain under protection while their asylum claims proceed, and their release implies no immediate detention or deportation actions by Spanish authorities.
Key legal details and implications include:
- Release with notification obligation: The court released the migrants instead of detaining them, conditional on providing an address for notifications.
- Application for international protection: All migrants declared their will to seek asylum, triggering protective legal status that prevents detention or expulsion during case processing.
- Humanitarian framing: The court treated the case as a maritime humanitarian rescue rather than an illegal immigration attempt, reflecting international maritime and asylum law principles.
- Unaccompanied minors: Among those released were unaccompanied migrant minors, who receive special protections under national and international law.
- No proof of irregular entry intent: The judge emphasized the migrant group's declared destination as Belgium and the lack of evidence for irregular entry intent into Spain.
These legal decisions align with Spanish and EU laws protecting asylum seekers and reflect judicial caution against penalizing people rescued at sea who declare refugee status promptly.
The vessel, a trailer of a pontoon, anchored to a cable for survival reasons, departed from the port of Dakar (Senegal) on July 29. Two of the remaining 5 immigrants are minors, and the legal circumstances for their detention in a Foreigners' Internment Centre (CIE) do not apply, according to the magistrate's ruling.
The case comes amidst ongoing discussions about immigration policies in Spain and Europe, with some advocating for more humane and inclusive approaches for those seeking asylum. The circumstances of the case have been met with calls for "equality" and a plea for Cantabrian society to demand the same treatment as other communities.
Meanwhile, unrelated to the main topic, a father in Jaén faces 34 years in prison after being accused of raping his 10-year-old daughter. This case underscores the ongoing need for vigilance and support for victims of crimes, regardless of their immigration status.
- The release of the immigrants, who had arrived clandestinely on a Dutch tugboat, is a reflection of Spanish and EU laws protecting asylum seekers, as the migrants expressed their intention to apply for international protection and were treated as a humanitarian rescue case, being released with a notification obligation instead of detention, ensuring special protections for unaccompanied minors among them.
- The ongoing discussions about immigration policies in Spain and Europe continue, with criticism towards harsh policies and calls for a more humane approach to those seeking asylum, as the circumstances surrounding the release of the immigrants have been met with demands for "equality" and a plea for Cantabrian society to demand the same treatment as other communities, while an unrelated case of a father in Jaén facing 34 years in prison for raping his 10-year-old daughter highlights the ongoing need for vigilance and support for victims of crimes, regardless of their immigration status.
