Applications No. 8675/15 and No. 8697/15 N.D. v. Spain and N.T. v. Spain

Abstract

In January 2015, following proposed amendments to Spain’s Aliens Act aimed at facilitating push-backs of migrants arriving in the Spanish cities of Ceuta and Melilla, the Commissioner carried out a visit to Melilla and Madrid.  As further detailed below, the Commissioner urged the Spanish authorities to reconsider these amendments and ensure that any future legislation fully abides by Spain's international obligations, which include ensuring full access to an effective asylum procedure, providing protection against refoulement and refraining from collective expulsions. Having received consistent information on push-backs, in some cases accompanied by excessive use of force, carried out by the Spanish border police (Guardia Civil), the Commissioner indicated that push-backs must stop and should be replaced by a practice which reconciles border control and human rights.