Mr. Jesús Cardenal
Fiscal General del Estado
Ministerio Fiscal
Fortuny, 4
28071 Madrid
Spain

Fax: + 34 91 319 3317

Dear Minister,

I am writing to express my concern about abuses of children in Ceuta and 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. Although the fiscales for minors in Ceuta and Melilla were aware of these abuses, they failed to adequately monitor the treatment of unaccompanied migrant children in those cities, and did not make it their policy to bring cases of abuse to the courts.

I urge you to ensure that fiscales in Ceuta and Melilla conduct prompt inquiries into all reports of unlawful expulsions of unaccompanied migrant children, and regularly inspect and issue public reports on conditions in residential centers. The Ministerio Fiscal should require all family reunification orders be supported by current documentation that a family member is willing and able to care for the child or that a bona fide child protection agency will accept the child, and that such return poses no risk to the child’s safety. The Ministerio Fiscal should take into account all relevant, credible evidence in making age determinations, and ensure that the method of age assessment conforms to the recommendations of the Separated Children in Europe program and the UN High Commissioner for Refugees’ Guidelines.

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

Sincerely,