The sixteen civil guards investigated by the tragedy that occurred on February 6, 2004 on the beach of Tarajal in Ceuta where fifteen migrants died drowned while trying to reach to swim to the coast while they were deterred from their purpose with the release of rubber balls, they will sit down finally on the bench accused of the crime of manslaughter by gross negligence and omission of duty of relief . It has been decided by the judge of Instruction number 6 of Ceuta, which in its self warns that its decision is not "can become erect in a "pseudo-sentence" early, either of conviction or of absolution".
With these cautions the magistrate holds that "the action taken is or through indication that the February 6, 2014 hundreds of people took to the sea with the purpose of getting to Spain to swim, and among them, fifteen died due to drowning on the beach ceuta's Tarajal, and an undetermined number were injured, while agents of the Civil Guard investigated using material dispersion to deter , shooting in consequence, balls of rubber and smoke canisters to the sea in which they swam, in defence of the Spanish border. Such action could contribute, co-causally, by way of negligence, to the death by drowning of the same, attending to clues about possible lack of proportionality of the action taken by the investigation, which, or through indication also omitted the aid of the people who were swimming in the sea with the life-threatening".Protect the border
The car remember that being "uncontroversial is the duty of the Civil Guard to protect the border, nor be ignored that this duty should be fulfilled within the regulatory framework and jurisprudence of the legal system of the European Union". It also specifies that the "the borders have to be protected, but without leaving unprotected to the people" .
with Respect to the omission of the duty to relief, the judge stated that "it is clear that in the sea had migrants who could be a bad, even the loss of life, and that they should be aided by the investigated agents, which could have intervened in their support, and refrained from doing so without cause that justifies its omission ".
yes, also the instructor emphasizes that it is not possible to ignore the human rights of the civil guards that protect the southern border of Europe, "dotándoseles of the performance protocols and resource material, technical and human to carry out their function safely and with adherence to the international standards of human rights".
in Addition, the judge said that he was "not fit to circumvent the complication that implies for the agents of the Civil Guard the rejection at the border in the maritime field, as in the sea there are elements of containment border".
The judicial investigation of this case has suffered from since the beginning many avatars, up to the point of which was filed twice by not be found by the part of the instructor evidence of an offence. However, in many other occasions the Audience forced to reopen the cause, and now the matter has resulted in the opening of oral proceedings.Updated Date: 26 September 2019, 15:01