On 2 July, 11 migrants arrived in Ibiza on a small boat. Consequently, the Committee considers that the alleged victims are subject to Spanish jurisdiction insofar as the complaint that forms the subject of the present communication is concerned.”[112], Since then, and particularly in the wake of the 2015 refugee “crisis” in Europe, Spain’s externalisation efforts have continued to evolve. Between 1846 and 1932 nearly five million Spaniards went to the Americas, mostly to South America in general and to Argentina and Brazil in particular. Immigration to the United States, 1851-1900 Group of Immigrants Cabinet of American Illustration. The Royal Decree 162/2014 stipulates that no one may be detained unless a decision from the competent judicial authority is provided (Article 2.1). The Aliens Act does not specifically provide “alternatives to detention.” It does, however, provide a series of non-custodial or “precautionary” measures for people who may be subject to deportation. Before authorities issue a detention order, criteria such as the foreigner’s personal, social, and familial circumstances and the feasibility of executing the expulsion must be assessed (Circular 6/2014). [174], [1] Frontex, “Risk Analysis for 2019,” 2019, https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2019.pdf, [2] UNHCR, “Refugees & Migrants Arrivals to Europe in 2018 (Mediterranean),” 18 February 2019, https://data2.unhcr.org/en/documents/download/68006, [3] UNHCR, “Refugee & Migrant Arrivals to Europe in 2019 (Mediterranean),” 18 March 2020, https://data2.unhcr.org/en/documents/download/74670, [4] Eurostat, “Database,” 2019, https://ec.europa.eu/eurostat/data/database, [5] ACCEM, “Country Report: Spain,” Asylum Information Database (AIDA) and European Council on Refugees and Exiles (ECRE), 2019, p.7, https://www.asylumineurope.org/reports/country/spain, [6] R. Casey, “Aquarius Refugees and Migrants Disembark in Valencia Port,” Al Jazeera, 17 June 2018, https://bit.ly/2JWBw9Y, [7] L. Abellan, “El gobierno traza un plan para reducir un 50% la migración irregular,” El Pais, 30 January 2018, https://elpais.com/politica/2019/01/29/actualidad/1548793337_525330.html, [8] Z. Campbell, “As Spanish Rescue Policy Changes, Warnings Over Migrant Drownings,” The New Humanitarian, 27 June 2019, https://bit.ly/3cBvmaa, [9] S. Carrera, “The EU Border Management Strategy: Frontex and the Challenges of Irregular Immigration in the Canary Islands,” CEPS Working Paper 261, February 2007, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1338019, [10] Z. Campbell, “As Spanish Rescue Policy Changes, Warnings Over Migrant Drownings,” The New Humanitarian, 27 June 2019, https://www.thenewhumanitarian.org/news-feature/2019/06/27/spanish-rescue-policy-changes-warnings-over-migrant-drownings, [11] See, for example, Committee against Torture, J.H.A. 323/2007,” 21 Nov. 2008, https://www.refworld.org/cases,CAT,4a939d542.html, [112] UN Committee against Torture (CAT), “J.H.A. This book provides the most up-to-date and comprehensive picture available of statistical data sources on international migration and asylum in the European Union (EU). This has included EU and Frontex assistance in interdicting boats en route to the Canary Islands, financing detention operations in Mauritania, and facilitating cooperation between police forces from Senegal to Morocco on migration control. Supervisory judges have played an important role in improving the living conditions in some facilities. As a result, it was confirmed that residence permits would remain valid during the emergency, and that refugees and asylum seekers would not be required to possess valid documents in order to receive aid covering their basic needs (including asylum seekers who have not yet submitted asylum requests). Arguineguín Pier (Gran Canaria), where initial registration and health checks (including COVID-19 tests) are carried out. In the first two weeks of 2021, 1,069 arrivals were registered. Directly accessible data for 170 industries from 50 countries The maximum time an asylum seeker can stay in a CIE is eight days—the time needed for procedures at the border to be concluded. 2.4 Criminalisation. In the last decade the number of. [134], While the Aliens Act and its Regulation states that all detainees in CIEs should have access to legal advice assisted by a translator, this is not always the case as has been reported by various institutions including the Spanish Attorney General’s Office in 2019,[135] Judge Diez Tejera in 2020,[136] and civil society organisations. During January-July 2020, one death was recorded for approximately every 20 arrivals. [47] Throughout 2018, during their regular visits to five CIEs (Algeciras, Barcelona, Madrid, Valencia, and Tarifa) JRS Spain staff identified 93 “possible minors” while the government claimed 84 were detained that year. These were upheld by the Provincial Court of Granada. Council on Refugees and Exiles (ECRE), 2016, http://www.asylumineurope.org/sites/default/files/report-download/aida_es_0.pdf; Jesuit Refugee Service (JRS) Spain, “Discriminación de origen – Informe CIE 2018,” 2019, https://sjme.org/wp-content/uploads/2019/06Informe-CIE-2018-SJM.pdf, [69] European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Response of the Spanish Government to the Report 2014,” 2015, http://www.cpt.coe.int/documents/esp/2015-20-inf-eng.pdf, [70] Jesuit Refugee Service (JRS) Spain, “CIE y Expulsiones Exprés, Informe anual 2014,” 2014, http://www.sjme.org/sjme/item/794-cie-y-expulsiones-expres, [71] Jesuit Refugee Service (JRS) Spain, “Discriminación de origen – Informe CIE 2018,” 2019, https://sjme.org/wp-content/uploads/2019/06/Informe-CIE-2018-SJM.pdf, [72] C. Manzanedo, “Las calamitosas condiciones de internamiento en los CIE españoles,” In M.M. National Statistics Institute. Spain immigration statistics for 2005 was 4,107,226.00, a 147.83% increase from 2000. Reports indicated that in Melilla, persons held in temporary detention facilities (Centros de Estancia Temporal de Inmigrantes – CETIs) faced overcrowding, a lack of protective measures, and insufficient information from Spanish authorities. The sum of disaggregated data may differ from the total due to rounding. As of 20 October, four children who had been separated from their parents in August had yet to be reunited with their families--despite tests confirming their relation to their mothers. Spain’s Defensor del Pueblo (Ombudsman) released a statement on 17 April that expressed concern about the overpopulation at detention centres in Ceuta and Melilla (called “Centros de estancia temporal para inmigrantes”). This form of expedited removal bypasses the intervention of the juridical power, raising concerns about the protection needs of those deported. This book provides a unique, timely and comprehensive insight into Latin American immigrants in Spain. By comparison, France—which ranked second in terms of most entry refusals—refused entry to 70,445 persons. 2015, Committee on the Elimination of Racial Discrimination In December 2014, a complaint was filed for the expulsion of 20 Malians who were not informed about their right to seek asylum or the procedure for doing so. [16] On the other hand, courts, the Ombudsman (Defensor del Pueblo), and NGOs that monitor places of detention recorded improvements in conditions of detention during this time, including better access to health, asylum processing, and information. Spanish law does not specifically prohibit the detention of vulnerable groups and only provides that a case-by-case analysis must be undertaken regarding the detention of persons with serious illnesses. While at the end of 2018, the Spanish ombudsman reported that of the 7,855 people detained in Spain’s CIE, 2,801 were Moroccan nationals and 2,513 were Algerian nationals, at present, Algerian nationals are the largest population arriving by boat to Spain. [96] In 2018, more persons arrived by sea than the previous eight years combined—according to data provided by the Interior Minister, there were 57,498 sea arrivals. Although this right was already included in the 2009 Asylum Law, access to the asylum procedure has until now been largely blocked through this channel. statistics classify immigrants both by nationality and by previous country of residence; although it is the latter classification that is directly comparable with Spanish statistics, the former will be used here because, from 1907 to 1927, nationality included subclassifications listing "personal circumstances": age, sex, marital status . Over the last fifteen years, Spain has gone from being a country of emigration to a country of immigration. Managed by the Ministry of Employment and Social Security, CETIs tend to function as semi-open centres with access restrictions in place at night. Authorities refer to these as “qualified expulsions.” Questions remain, however, as “qualified expulsions” are not defined in law, and government statistics on “expulsiones cualificadas” seem to include “administrative” expulsions under immigration law. The Supreme Court ruling involves the case of a Kurdish-Iraqi family that arrived in Greece in 2016, fleeing conflict and war, where they applied for asylum and received no response. Nevertheless, according to the JRS, Spain has indicated its commitment to expanding the use of immigration detention through its plan to build a new CIE in Algeciras, which will have a capacity of 500 places and a budget of 21 million euros. In response however, riot police fired rubber bullets and tear gas on the protestors. According to the Aliens Act, detention facilities should not resemble prisons and should only deprive detainees of their right to free movement (Articles 60.2 and 62). [15], In 2018, several episodes—including a series of protests and riots at the Aluche CIE in Madrid, with one in October 2018 leading to the injury of 11 police officers and one detainee—placed the country’s detention estate under intense scrutiny. According to immigration statistics, Spain currently hosts around 4,5 million immigrants, which is about 9,8% of the total population. There is no special room for those who are ill, so they are forced to share rooms with other detainees. [133] In response to such criticisms, authorities approved improvement plans for all CIEs in January 2019. 1-3 rue de Varembé, 1202 Geneva, Switzerland The Ombudsman has recommended handing reports on injuries to detainees and the supervisory judge. [52] ACCEM, “Country Report: Spain,” Asylum Information Database (AIDA) and European Council on Refugees and Exiles (ECRE), 2019, https://www.asylumineurope.org/reports/country/spain, [53] La Vanguardia, “‘Preocupación” en la Oficina de Derechos Humanos de la ONU por el trato que España da a los niños migrantes,” La Vanguardia, 17 February 2016, https://bit.ly/312nhoX, [54] UN Committee on the Rights of the Child (CRC), “Concluding Observations on the Combined Fifth and Sixth Periodic Reports of Spain, CRC/C/ESP/CO/5-6,” 2018, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC/C/ESP/CO/5-6&Lang=En, [55] I. Quirante, and J. Autista, “La Purísima de Melilla: un centro con casi 700 niños y un amplio historial de denuncias,” Publico, 21 February 2019. https://bit.ly/2IDZjMC, [56] I. Domínguez, “Detenido un educador del centro de menores de Melilla acusado de apuñalar a uno de los chicos,” El Pais, 17 July. 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