CRC/C/80/D/4/2016
2.2
During this period, the author sometimes slept rough in the forest, begged in
Moroccan villages and lived without access to drinking water, health services or education.
The author claims to have been subjected to violence and raids by Moroccan security forces,
who frequently threw stones at camp residents and destroyed their belongings and survival
equipment.
2.3
The author attempted to scale the border fences 1 separating Melilla from Moroccan
territory on several occasions. One such occasion was on 18 March 2014, when the author
was repeatedly beaten with a stick by Moroccan security forces while attempting to gain
access to the first fence. He lost his front teeth as a result of this incident. After the attack,
the author walked 20 kilometres back to the camp.
2.4
On 2 December 2014, the author and a group of people of sub-Saharan origin left
Mount Gurugú with the intention of entering Melilla. The author reached the top of the
third fence and saw that other people climbing down the fence on the other side were being
summarily pushed back by the Spanish Civil Guard and handed over to Moroccan forces.
Then, for fear of being deported and subjected to possible ill-treatment and violence by
Moroccan forces, the author waited for several hours at the top of the fence. During this
period, he was not offered any form of assistance. He had no access to water or food. He
was also unable to communicate with the Civil Guard, since he did not speak Spanish and
there were no interpreters present. Finally, he climbed down the fence with the help of a
ladder provided by the Civil Guard. As soon as he set foot on the ground, he was arrested
and handcuffed by the Civil Guard, handed over to the Moroccan forces and summarily
deported to Morocco. 2 At no time was his identity checked. He was also denied the
opportunity to explain his personal circumstances, give his age, challenge his imminent
deportation or claim protection as an unaccompanied child. He was not assisted by lawyers,
interpreters or doctors. After being released by the Moroccan security forces, the author
returned to Mount Gurugú where he continued to live in precarious conditions, in constant
fear of violence and raids at the hands of Moroccan security forces.
2.5
The author submits that there were no effective domestic remedies available to him
that could have served to suspend his deportation from Spain to Morocco on 2 December
2014. 3 He points out that the deportation was summarily executed without him being
notified of a formal expulsion decision that he could have challenged before the competent
authorities.
2.6
On or around about 30 December 2014, the author entered Spain through Melilla
and went to stay in the temporary reception centre for migrants. In February 2015, he was
transferred from the enclave of Melilla to mainland Spain. At the end of July 2015, thanks
to the assistance of Fundación Raíces, a non-governmental organization (NGO), and the
consular registration card issued to him by the Malian consulate in Madrid, 4 which showed
his date of birth as 10 March 1999, the author obtained protection as an unaccompanied
1
2
3
4
2
The border consists of three parallel fences – two outer fences six metres high and one inner fence
three metres high.
The author encloses photographs of him climbing down the fence and then being arrested, handcuffed
and returned to Morocco by the Spanish Civil Guard.
Regarding the availability of domestic remedies, the author cites the Views of the Human Rights
Committee on the cases of Giry v. Dominican Republic (CCPR/C/39/D/193/1985), Wolf v. Panama
(CCPR/C/44/D/289/1988) and Choudhary v. Canada (CCPR/C/109/D/1898/2009). As to the
effectiveness of domestic remedies, he cites the Views of the Committee against Torture on the cases
of Arkauz Arana v. France (CAT/C/23/D/63/1997), I.S.D. v. France (CAT/C/34/D/194/2001) and
Tebourski v. France (CAT/C/38/D/300/2006). He also invokes the case law of the European Court of
Human Rights to support the argument that, in deportation cases, only remedies with suspensive
effect should be considered effective (Hirsi Jamaa and others v. Italy [application No. 27765/09] and
A.C. and others v. Spain [application No. 6528/11]).
The author provides a copy of his Malian consular registration card, which shows his full name
(D.D.), his date of birth (10 March 1999), his parents’ names (Chaka and Yayi) and his occupation
(student).
GE.19-07971