In Spain, the investigation into the death of at least 23 African migrants in Melilla closed

The investigation opened by the Spanish courts into the death of at least 23 African migrants who attempted to enter the enclave of Melilla from Morocco at the end of June has been closed for lack of sufficient evidence against the forces of the Spanish orders. A decision that weighs on the Minister of the Interior of the Sanchez government, in the hot seat for months.

“The prosecution closed the investigation” on this tragedy which provoked international indignation, because it did not “not identified signs of crime in the actions of security force agents” Spanish, announced, Friday, December 23, the public ministry.

“We cannot conclude that the action of the agents increased the risk weighing on the life and the physical integrity of the migrants and we cannot therefore charge them with manslaughter”he added in a press release.

” Breath of fresh air “

According to the prosecution, “none of the agents had any knowledge” of migrants falling on top of each other from the fence separating the enclave from Morocco “and 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 migrants” has been “constantly hostile and violent towards Moroccan and Spanish agents”he also points out.

The prosecution, however, specifies that it has sent to the heads of the security forces elements for possible disciplinary proceedings against agents suspected of having thrown stones at migrants. It also calls on the Spanish authorities to “implement the necessary measures” so that migrants can apply for asylum in due form and no longer have to try to cross the border illegally.

“This classification of the investigation (…) brings a breath of fresh air to the Minister of the Interior”called for resignation by the opposition but also by parties supporting the government of socialist Pedro Sanchez, believes El Paísthe country’s leading general-interest daily.

However, this decision by the prosecution raises questions about its independence. “Was this all just a simulation to be able to say that an investigation has already taken place? »wondered on Twitter Jon Inarritu, deputy of Bildu, a party of the Basque separatist left which supports the executive in Parliament. “Don’t they want to upset Morocco? »with whom Madrid reconnected with great fanfare in 2021 after a year of diplomatic crisis, he added.

“Mass killing”

On June 24, nearly 2,000 illegal immigrants, mostly from Sudan – a very poor country plagued by conflict – tried to enter the enclave of Melilla, located on the northern coast of Morocco.

According to the Moroccan authorities, at least 23 migrants perished in this tragedy, which represents the heaviest human toll ever recorded during attempts to intrude migrants into this enclave or that of Ceuta, which constitute the only two borders of the EU on the African continent.

This tragedy provoked international indignation, the UN denouncing a “excessive use of force” from the Moroccan and Spanish authorities. Amnesty International, for its part, described this tragedy as “mass killing” and accused Rabat and Madrid of wanting “cover up their murders” in ” hiding “ the truth, six months after the fact.

Brutality of Moroccan forces

“Certain actions by Spanish and Moroccan agents, such as hitting immobilized people (…), denying emergency medical care to injured people, the repeated use of tear gas against people in an enclosed space from which they could not escape. escape, may constitute a violation of the right not to be subjected to torture and other ill-treatment”had denounced, in mid-December, the NGO.

Amnesty, like independent experts appointed by the United Nations Human Rights Council, evokes a death toll of at least 37. Several NGOs had also accused the Spanish police of not having provided assistance to seriously injured migrants.

Two surveys published in November by the BBC and the European consortium Lighthouse Reports, in which Spanish daily newspapers participated in particular El País and French The worldhad denounced the brutality of the Moroccan forces and questioned the action of the Spanish forces.

They had notably concluded that at least one migrant had died in Spanish territory, which the Spanish Minister of the Interior had categorically denied on several occasions. The Spanish rights defender, who is also investigating these facts, however judged that the explanations of the Ministry of the Interior had not “not enough” so far.