The collective return to Senegal without guarantees of 168 migrants violates human rights

2023-08-30 20:00:45
© Felix Weiss/Seawatch

Behind the return by the Spanish Government of 168 people to Senegalafter being rescued by the Civil Guard when they had been off the coast of Mauritania for six days, Carlos Escaño, head of migration campaigns at Amnesty International Spain, points out:

“Amnesty International considers that the collective return to Senegal of these 168 people, if the absence of basic guarantees such as legal assistance and translation is confirmed, and the violation of the right to be informed of their rights and to request asylum, constitutes a practice of collective return by Spain contrary to the right international human rights”.

“The organization remembers that everyone has the right to apply for asylum and receive adequate legal assistance. However, it does not appear that this has occurred as there is no record or confirmation from the Ministry of the Interior that there has been any displacement to the boat of a lawyer or public defender. Carry out a return without people having access to adequate and individualized legal assistance, in which they are informed of their rights, including that of requesting asylum or international protection, and that this assistance occurs with translators and in adequate spaces, it is a violation of human rights”.

“Amnesty International questions how the government of Spain can ensure that among the 168 people there were neither asylum seekers, nor minors, nor people of other origins from countries in conflict, nor Senegalese who could be persecuted in their country in a context of growing insecurity, nor have people with specific vulnerabilities been identified, such as victims of trafficking”.

“We remember that the principle of non-refoulement (non-refoulement) It prohibits States from exposing people to deportation to a place where they are at risk of suffering persecution or serious violations of their human rights. For this reason, it is necessary that once the rescue has been carried out, the States involved carry out independent inquiries about the possible protection needs of the rescued persons”.

“Lastly, in addition to denouncing the practice of collective refoulement, Amnesty International recalls the importance of establishing legal and safe routes to allow legal channels of migration for work and study purposes, as well as safe ways to access international protection for persons requesting asylum and refugees.

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