Magic Bullets and Loopholes ver2
On the 5th August, Tony Blair said:
"France and Spain, to name just two other European countries, do deport by administrative decision. The effect is often immediate and in some cases the appeal is non-suspensive, in other words it takes place outside of their country. The assurances given by the receiving nation are adequate for their courts, and these countries are also of course subject to the European Convention on Human Rights and apply it directly in their own law."My previous post dealt with how France deals with her Algerian refugeess. Now for Spain. Spain’s problems originate from her so-called “southern border”. Not just Andalusia, but the land borders with Ceuta and Melilla. According to Amnesty International, Spain has:
"signed a Re-Admission Agreement with Morocco in 1992 to return foreign nationals entering Ceuta illegally, especially if they are Moroccan. The agreement does not contain any of the elements that Amnesty International considers essential to guarantee full compliance with the principle of non-refoulement. It contains no guarantees that the person returned to Morocco will be protected from torture or ill treatment, or that they will not be subjected to arbitrary detention. Nor does it guarantee that, if they wish to seek asylum, they will have access to a fair and effective procedure to determine their status as refugees; or that they will be protected from being returned to a country where they may be the victims of human rights violations. It does not, either, guarantee that, if that person is a refugee, s/he will have access to sufficient subsistence resources to maintain an adequate living standard or access to durable solutions. Spain has signed similar re-admission agreements with countries such as Nigeria, Mauritania, Guinea Bissau and Algeria.The Report continues:
"Amnesty International recognizes the right of the Spanish government to regulate the entry of foreign nationals onto its soil. It is concerned, however, that migration control measures in Ceuta and Melilla could prevent persons fleeing human rights violations reaching Spain to seek asylum. In this respect, mention has already been made of the fact that many foreign nationals intercepted at the frontier at Ceuta come from countries where grave human rights violations take place."The idea that the UK could replicate Spain's heavily criticised way of dealing with her problem asylum seakers is fanciful.
posted by Tony @ Tuesday, August 16, 2005
4 Comments:
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t
Very useful and illuminating further information: thanks. I just hope Charles Clarke, back from his hols, is following these posts (not to mention the prime minister on the deck of his friend's wi-fi-enabled yacht with his laptop perched on his swimming-thong-clad lap).
More seriously: how do France, Germany and Spain get away with these far-fetched, legalistic and cynical -- or simply illegal -- interpretations of the Convention, without any of their deportees taking them to the European Court of Human Rights in Strasbourg?
I just hope you're right, and that our courts wouldn't dream of endorsing any attempt by our own government to replicate their practices and interpretations. (Spain seems simply to ignore its Convention obligations in its sledge-hammer agreements with a raft of countries including Algeria, highly relevant to the UK Ten.)
Brian
Brian,
Once the deportee ends up in Morocco or Algeria it may be difficult to knock on the door of a lawyer to get the appropriate advise. I don't think Cherie Booth's chambers are well known for outreach work in Casablanca!
t
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