Mr. Arturo, Esteban
Government Delegate to Melilla
Government Delegation
Avenida de la Marina Española, n. 3,
Melilla, España,

Fax: +34 952 672 657

Dear Delegate,

I am writing to express my concern about abuses of children in Melilla described in the Human Rights Watch report, Nowhere to Turn: State Abuses of Unaccompanied Migrant Children by Spain and Morocco. The report documents cases of children who were beaten or ill-treated by Spanish police, abused by staff and other children in residential centers, subjected to arbitrary age determination procedures, denied health, education, and other benefits guaranteed them in Spanish law, or summarily expelled to Morocco.

I urge you to ensure that no unaccompanied child is repatriated or expelled from Spain unless your office has verified that the child is to be returned either to a family member willing and able to care for the child or to a bona fide social service agency, and that such return poses no risk or danger to the child. Children should have access to information on their rights, including the right to apply for asylum, and the opportunity to be heard in all cases affecting their status, including access to free legal counsel and the right to challenge the lawfulness of the expulsion order.

I also call on you to provide temporary residence documents, and if appropriate, work permits to all unaccompanied children who cannot be repatriated, to advise these children of their right to apply for permanent residence and naturalization, and to act expeditiously on all such applications. Decisions to issue residence permits should take into account the length of time that children have lived in Spain and other strong ties to the country, in keeping with the principle that the best interest of the child shall be a primary consideration in all actions concerning children.

I look forward to receiving your reply, and thank you for your attention to this important human rights matter.

Sincerely,