Tuesday, April 12, 2011

Iberoam .- Ombudsman asks to remove restrictions on foreigners who are denied entry into Spain

MADRID, 11 Abr. The Ombudsman reiterated the recommendation made last year to permit lawyers to meet first with their assisted before the interview with the instructor of record for refusal of entry into the Madrid-Barajas airport, according to its 2010 annual report filed last week to Parliament. The rights of foreign citizens entered into an administrative procedure for refusal of entry are fully guaranteed, so maintaining a policy of not accepting the recommendation, has informed the Commissioner General of Immigration and Borders.

However, the Ombudsman considered that does not understand that now is being given adequate legal assistance when they are allowed to counsel and the traveler maintains a private interview before the hearing that was conducted in the presence of the instructor, provided they so request.

Similarly, the Ombudsman noted that counsel should have immediate access to the file when called to provide assistance. The existing restriction in relation to these ends "does not have any legal protection, as indicated. In this exercise, the Ombudsman has made a new supervisory visit to the hall of inadmissibility and asylum from terminals 1 and 4 of Madrid-Barajas airport, which has concluded that, in general, all facilities and operating procedures comply with internationally accepted parameters.

However, they have appreciated some "deficiencies" which has been forwarded to the Directorate General of Police and Civil Guard. In particular, evaluated negatively lack of natural light, and inability to contact the air. Also considered to extend surveillance units called containment, and the audiovisual record of the interviews conducted during the procedure for refusal of entry.

Has also stressed the need for forms where the traveler can tell if you have a disease, chronic, contagious or requiring special treatment and that a written record of the possibility of use of sleeping all day, relationship belongings are taken away that shows your conformity and to bring an 'habeas corpus'.

It has also requested to be allowed access to their luggage and proceed to an adequate supply of towels. That administration has argued that the lack of natural light and ventilation are determined by the structure of the premises and can not be varied for security reasons and noted that medical services Aena provide care and treatment to passengers who require both instances of the passenger and at the request of the officials who guard them.

Regarding CCTV in isolation wards, has warned that the recording of images during the interview the passenger is considered unnecessary to be in the presence of counsel. According to the report, the hand luggage of travelers stay with them and checked bags are available from the carrier, since otherwise they should check their luggage again, although in special cases accompanied them so they can pick up some object.

The instructions for the bedrooms remain open all day writing and also are entered and written information about the possibility of filing of habeas corpus. " In view of this, continues the work of supervision and oversight of that institution, for the better functioning of these facilities.

DENIALS OF ENTRY TO MINORS Thus, before the divergence of the institution with the refusal of entry at border controls to Spanish minors accompanied by their ancestors who are nationals of third countries, the Ombudsman has sent a reminder and legal duties recommendation to the General Commissariat for Immigration and Border to avoid difficult is Spanish citizens' access to national territory and the actions are logged at the border to investigate the whereabouts of the other parent, if the person accompanying the child does not qualify Entry, descent is established and permit the entry of foreign parent, if there were another way to ensure the entry of the child.

She also pointed to the Directorate General of Police and Civil Guard duty not to restrict the rights of Spanish citizens to enter Spain, complained of a Spanish citizen, of age, who was accompanied by a foreign child who was in their care and did not meet the entry requirements. Has finally allowed his income after making a "habeas corpus" in which it was agreed to his immediate release along with the child, which was given to his mother once in the country.

Despite this, the said agency has insisted on the correctness of the actions of the officers involved in the police station of Border de Madrid, arguing that the Spanish citizen who accompanied foreign minor at any time could have left the premises police because no one held her back. "However, the above reasoning is a mismatch between the application of 'habeas corpus' in the same court decision and ordered his immediate release," said the Office of the Ombudsman in its annual report.

Notwithstanding the foregoing, the authorities concerned have not recognized the existence of misconduct and argued that the entry of a Spanish adult, the greater and minor, is guaranteed. Research has however closed by noting the "difference of opinion" of the institution for the transfer of several prosecution considerations, among others, the need to open individual files to those foreign minors accompanied by adults personen at border posts.

This year the Attorney General has responded to the problems that may arise in the context of unaccompanied minors must be solved by the projection of constitutional principles and international, such as protection of the fundamental right to privacy and family obligation take the necessary measures to bring the child with their parents or guardians.

Action has been completed and has informed the Office that the police have finally accepted the recommendation to open individual files to foreign minors accompanied by adults who are rejected at the border, he said.

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