The Supreme court has passed three sentences in the last month that it recognizes as minors to three young people who came to Madrid from Morocco, Guinea Y Ivory Coast and those that the Prosecutor’s Office did not want to recognize as minors at first. A Prosecutor’s Office that did not recognize their minority in the first place and later, when they were already more than twenty years, has supported his appeals before the Supreme Court.
These are the cases of three minors who arrived in Spain between 2016 and 2017 from Morocco, Guinea and one who arrived by boat from Ivory Coast. The Prosecutor’s Office and later the courts are of legal age based, for example, on radiological evidence or your old “appearance” superior to what they said, an action that in some cases had consequences such as expulsion from the Madrid juvenile center where they resided at that time.
Was the Roots Foundation The one that took charge of their resources, taking their cases before the Justice when they presented documentation from their countries of origin that proved their minority, ignored by the Prosecutor’s Office and the courts until now. Registration certificates and even passports and birth certificates which, for the Spanish administration, were not credible compared to a radiological test.
Now it has been the civil chamber of the Supreme Court, in three recent sentences, which has resolved the case of the three boys certifying that at that time they were minors, although today all three have already more than twenty years in some cases. Some sentences that reveal how the Prosecutor’s Office has gone from denying them the minority of age – with all the consequences that this has at the level of protection – to supporting their appeals before the Supreme Court when they were already more than twenty years old.
A “form of institutional violence”
There are three cases won before the civil court by the legal representatives of the Roots Foundation. Your spokesperson, Lourdes Reyzábal, explains that “the Prosecutor’s Office must act in accordance with the law and cannot wait twelve months for the Government to reform the procedure because hundreds of children continue to suffer this form of institutional violence that deprives them of their childhood status and leads to to the most absolute poverty and helplessness “.
These judgments, as valued by the Foundation, “have been and continue to be an achievement, we hope they will translate into a legislative change such as the Constitutional Court ruling that put an end to the unsecured repatriations of children who arrived alone in Spain. “. Explain other boys and girls in similar circumstances “they are usually on the street for being determined to be of legal age and not finding anyone on the road willing to believe them, protect them and defend their rights “demanding” a political and legislative change that ensures the effective protection of children who arrive alone in Spain “.
Harsh sentences of the Supreme
The Supreme Court is clear in its sentences: if the documentation from their country is not false and says that they are minors, those young people are minors. “Not to consider reliable the passport and the identity card issued by the Consulate of Morocco in Spain, of which neither credited nor claimed to be false, and that they have not been challenged, entails a violation of the right to equality and non-discrimination, “says the Supreme Court in one of the cases.
This way of acting of the Office of the Prosecutor and the administration in the cases of these three young people “is incompatible with the commitment to respect the rights set forth in the Convention on the Rights of the Child and to ensure its application without any distinction, regardless of race, color, sex, language or national, ethnic or social origin “.