The Prosecutor's Office has agreed to archive the investigative proceedings for the 23 deaths at the Melilla fence on June 24, as there were no indications of a crime in the actions of the agents of the State Security Forces and Corps.
However, it notifies the deputy operational director of the Civil Guard of the actions of several agents who threw stones at the migrants, in case it constitutes a disciplinary offence.
In her decree, the Immigration Coordinating Prosecutor reminds the ministries involved of their obligation to implement the necessary measures to guarantee that migrants have real possibilities of applying for a visa, international protection or asylum at Spanish diplomatic or consular offices in the countries of origin or transit, as well as at the border posts of Ceuta and Melilla.
For the prosecutor, it is necessary to "ensure that migrants who try to enter our country by jumping over the fence have previously been able to choose to go to the legally established system."
The prosecutor recalls in her brief that the majority of migrants come from countries in conflict and, therefore, are deserving of international protection. "A detailed analysis should be carried out of the failures of a system that does not prevent these people from putting their physical integrity and lives at risk, undertaking behaviors as dangerous as jumping over the fence without having resorted to the legal systems established for that purpose", ensures.
During these six months, the tax representative has carried out various procedures such as visual inspection, taking statements from both migrants and Police and Civil Guard agents, and the analysis of various reports, videographic material, and audio recordings corresponding to the events of February 24. june.
The only official data on the deaths and their causes are those provided by the Moroccan authorities in the report issued at the request of the UN High Commissioner for Human Rights. Therefore, it is the Moroccan authorities that have all the evidence (bodies of the deceased, witnesses, injured migrants, etc.).
In the investigation carried out by the Prosecutor's Office, it is verified that the actions of the migrants, between 700 and 800 people, "were at all times hostile and violent, both towards the Moroccan agents and towards the Spanish agents".
From the total number of investigative procedures carried out, the prosecutor cannot conclude that the actions of the intervening agents "increased the risk to the life and physical integrity of the migrants", therefore they cannot be charged with the crime of reckless homicide.
Likewise, none of the agents involved in the operation was aware of the avalanche produced and its fateful consequences, so they were never aware that there were people at risk who needed their help. Even if they had known, they couldn't have lent it to you without their own risk.
As for the rejections at the border, 470 were carried out although, according to the Prosecutor's Office, the Civil Guard agents who carried out the returns did so "in compliance and in the exercise of their functions, in application of the provisions of the Immigration Law and based on the powers that are legally attributed to avoid serious, immediate and irreparable damage, such as the violent, massive and uncontrolled attack on a Spanish border”
