A/HRC/23/56/Add.2
policies that are not always in line with the Convention relating to the Status of Refugees
and the policies and positions of the Office of the United Nations High Commissioner for
Refugees (UNHCR). Several interlocutors also highlighted that the economic and financial
difficulties that Spain has faced impacts on recognized refugees, who reportedly no longer
benefit from assistance programmes or financial support other than what is provided by
charity organizations.
46.
The situation of asylum seekers in Ceuta and Melilla deserves increased attention.
During his visit, the Special Rapporteur visited CETIs in Ceuta and Melilla where asylum
seekers are lodged with irregular migrants upon arrival. While the conditions in the two
CETIs visited were acceptable, there is a serious concern regarding overcrowding in the
CETIs. In particular, the centre in Melilla, which has a capacity of 480 persons, held around
850 persons as of February 2013. It should be highlighted that in the CETI in Ceuta, there
has been a decrease from 1,314 persons held in 2011 to 584 in 2012.
47.
The Special Rapporteur regrets that the different approach to asylum in the Spanish
mainland and in Ceuta and Melilla, which has led to a situation where individuals in these
two cities do not always apply for asylum, or withdraw their application in order to seek
asylum in the mainland, sometimes risking their life by irregularly crossing the Strait of
Gibraltar. Indeed, administrative measures are implemented in Ceuta and Melilla to asylum
seekers whose applications have been declared admissible that prevent them from accessing
the Spanish Peninsula, even though there is no legal impediment for them to leave the
autonomous cities for the mainland. As a result, they are discriminated against in
comparison to asylum seekers on the mainland who enjoy freedom of movement. Indeed,
not only are these asylum seekers not allowed to leave to access the Spanish Peninsula, but
they are also excluded from the transfers regularly organized to the mainland by the
administration through the humanitarian transfer procedure, until their asylum application
has been processed. A number of asylum seekers renounce their asylum application, which
they regard as an obstacle to their exit from the autonomous cities. As a result, there has
been a drastic reduction in the number of asylum applications. In Ceuta, for instance, it was
reported that in 2011, 505 persons applied for international protection, whereas in 2012, the
number of applications fell to approximately 203. Furthermore, in the mainland,
information provided in CIEs regarding the right to seek asylum is reportedly insufficient
and requests made in the CIEs are processed under an accelerated procedure that lasts eight
days.
48.
Asylum seekers also face long delays in the processing of their asylum requests
under the regular procedure, including in Ceuta and Melilla. During the Special
Rapporteur’s visit, the Government admitted the difficulty of complying with the required
time frames. Reportedly, asylum applications can sometimes take two to five years to be
decided, while the maximum time frame under the law is six months. In Ceuta and Melilla
in particular, this means that asylum seekers are forced to remain there until their
application is processed, which is of concern, since CETIs are supposed to be temporary
and are not adequate for protracted stays. In particular, it was reported that in Melilla, of
the 98 asylum cases decided in 2012, 57 per cent took more than seven years. Furthermore,
applicants are not always informed about the reason for the long delays or when they can
expect a decision. It was reported that asylum seekers’ access to justice and legal aid is
threatened by the entry into force on 17 December 2012 of Law 10/2012 on fees for the
administration of justice, and the ongoing reform of Law 1/1996 of 10 January 1996 on free
legal assistance that has an important economic savings component and therefore may
reduce the categories of persons entitled to receive free legal assistance. The Special
Rapporteur is concerned that international protection is undermined, especially in Ceuta
and Melilla, and that applying for asylum puts individuals in a position of discrimination
and inequality.
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