He Superior Court of Justice of Andalusia (TSJA) has declared illegal the practice known as “hot returns” of the illegal immigrants that they come to Ceutamarking a significant precedent in the protection of the rights of the Immigrants. This decision, which ratifies a prior judgment of the Contentious-Administrative Court number 2 of Ceutaarises after rejecting a resource presented by the General State Advocacy.
He TSJA He has determined that the immediate returns of intercepted people in the sea or on the beaches of Ceuta, without a previous administrative procedure, are not protected by the legal figure of the “border rejection.” This figure, introduced in 2015 through the Citizen Security Protection Law “Popularly known as.” «Gag Law»-, was designed to apply exclusively on the land border perimeter, such as the fences of Ceuta and Melilla. However, the Executive has systematically extended it to other contexts, such as the sea, islets or even the interior of the city, a practice that the court now considers outside the legality.
Organizations like Barrios Coordinator, No Name Kitchen and the Jesuit Service to Migrants (SJM) They have held the sentence as a crucial advance in the defense of human rights. In a joint statement, these associations have stressed that the ruling forces the authorities to use the “ordinary return procedure”, which includes guarantees such as legal assistance, performers and a formal resolution, absent elements in hot returns. In addition, they have taken the opportunity to demand the definitive cessation of this practice, which qualify as a violator of the basic principles of the rule of law.
A history of irregularities
The judgment of TSJA It is not an isolated case. In 2024, the Contentious-Administrative Court number 2 of Ceuta He had already issued two relevant failures in this regard, also appealed by the State Advocacy. In those cases, they declared themselves null the returns of two Moroccan citizens who had come to swim and were delivered to Morocco No procedure. According to accredited facts, the Civil Guard He intercepted them at sea or at the beach and proceeded to their immediate return, without allowing them access to lawyers or interpreters, an action that the judge considered irregular.
These judicial decisions show a pattern: the lack of guarantees in the actions of the State Security Forces and Bodies (FSCE) Towards people in mobility. The associations denounce that, since the entry into force of the “border rejection”, the Government has interpreted this standard expansively, applying it beyond its original scope and generating situations of unprotection. “In all cases analyzed by justice, it has been proven that migrants were returned without respecting their basic rights,” they point out from organizations.
Resolution pending
Despite this judgmentorganizations warn that the road is not over. Currently, there are two other pending procedures in the Courts of Ceuta on those who have not yet pronounced justice. In addition, the failure of TSJA It is not firm and It could be appealed before higher instances, which maintains uncertainty about its final application.
In conclusion, the decision of the TSJA It represents a blow to hot returns and a reminder that migratory policies must comply with the legal and humanitarian framework. For associations, this is a step towards justice, but also a call to action to ensure that the rights of migrants do not remain violated in Spanish borders. Meanwhile, society and institutions expect this precedent to feel the foundations for a more dignified and legal treatment towards those who risk their lives to achieve a better future.
