Spain’s Summary Returns to Morocco Violate the European Convention on Human Rights

On 3 October 2017, the European Court of Human Rights ruled unanimously against Spain in N.D. and N.T. v. Spain, stating that the country had violated the prohibition of collective expulsion (Article 4 of Protocol No.4) and the right to an effective remedy (Article 13) of the European Convention on Human Rights (ECHR).[1] The judgment was issued by the Chamber (first instance) and therefore, is open to appeal to the Grand Chamber, during the three-month period following its delivery.

Spain’s Summary Returns to Morocco: A Case Pending Before the European Court of Human Rights

The term "Hot Returns" refers to the "push-back" operations against migrants authorized by the Spanish government in Ceuta and Melilla. After many years denouncing the situation faced by migrants attempting to irregularly cross into Spain through Ceuta and Melilla, attention is now focused on the N.D. and N.T. v. Spain case currently before the European Court of Human Rights. This is the first time an international court will have the opportunity to rule on the legality of the Spanish Government's actions along the Spanish-Moroccan border.