The commissioner for Human Rights of the Council of Europe, Dunja Mijatovic, criticized the Security Law, a Spanish Citizen, also known as the Gag Law, and has recommended to carry out an “explicit prohibition” of the returns summary and collective expulsions of migrants intercepted at the borders of Ceuta and Melilla. In a letter addressed to the president of Congress, Ana Pastor, and the Senate, Pio Garcia-Escudero, Mijatovic has strongly condemned against the lack of “a mechanism of report to the police a strong and independent that affects all the forces of order” and has called for the amendment of the law so that it does not violate human rights.
The commissioner has recommended “strongly” that it imposes on the authorities the obligation to provide “without delay” Guardia Civil “a clear orientation and mandatory on how to act in accordance with the international standards of Human Rights by intercepting migrants at the borders of Ceuta and Melilla”. Mijatovic believes that “Immigration Law does not provide clear assurances against refoulement and collective expulsions” of migrants, as well as warranties “appropriate” for the right of asylum, “regardless of the form in which they reach Spanish territory”.
In his view, such guidance should contain “no explicit” return summary and collective expulsions of migrants, as well as the procedural guarantees that must be respected, “including the right to be identified, to assess the international protection needs, access to an interpreter, a lawyer and medical assistance as appropriate; and an effective remedy Savoybetting to challenge any violation of the European Convention of Human Rights of the affected individuals may claim to be victims.”
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Mijatovic has also launched against the aspects of the ‘Gag Law’ that refers to the identification of police officers, and the freedom of manifestation. In his judgment the law is “vague and imprecise”, by giving the police forces a “wide margin of appreciation” allows limitations potentially disproportionate and arbitrary in the exercise of freedom of expression and peaceful assembly”. Mijatovic considers it “disturbing” that in 2017 may be imposed 21.122 penalties for lack of respect or consideration towards the police forces and punish as a felony, including journalists, filming is not authorized for police forces.
Remember that in 2013 his office already showed his concern about “the increasing practice of imposing administrative fines” in the demonstrations. In the notice, the commissioner makes his own the words of the UN in 2008: “Increase the fines for organizing or participating in peaceful gatherings can be considered a restriction of repression that exceeds the criteria of necessity and proportionality”.
