
Spain’s top criminal court on Monday opened an investigation into July’s deadly migrant surge into Ceuta, alleging it was facilitated by Morocco and pointing to failings by the African country’s police.
More than 70,000 migrants crossed into Spain’s north African territory from Morocco on July 30 and 31 in an unprecedented rush that left scores dead, most by drowning as they tried to swim around a breakwater.
Madrid’s Audiencia Nacional court ruled it was competent to investigate as the influx involved “criminal conduct that was allegedly committed abroad and has seriously attacked Spain’s territorial integrity”.
The mass migrant flow “constitutes one of the characteristic methods of ‘hybrid warfare’ or the ‘grey zone’, with the aim of altering the life and rights of Spanish citizens” in Ceuta, investigating judge Maria Tardón wrote in her ruling.
The judge based her decision on a Spanish police report that highlighted “total permissiveness” by Moroccan security forces that facilitated the border breach.
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“A clear and undeniable facilitation of the process” came from Morocco, notably “through the verified and visually documented behaviour of Morocco’s security forces”, the judge said.
Not only did uniformed members of Morocco’s security forces make “no serious attempt” to stem the surge, but some also offered “active guidance” on how to cross to Ceuta, the judge said.
Moroccan authorities have not reacted to the Spanish police report, but the country’s media have criticised a “botched” document and said it lacked material evidence.
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Tardón also pointed to possible manslaughter and crimes against the rights of foreign citizens over the deaths.
Spain’s leftist government says there is no “solid proof” the surge was planned by Morocco, with which it has spent years trying to improve historically complicated relations.
Rabat has claimed sovereignty over Ceuta and Spain’s other north African territory of Melilla since gaining independence in 1956.
Most of the migrants who entered Ceuta have returned to Morocco, but thousands have remained in often dire living conditions, increasing tensions in the small city and causing a political storm for the government.