MADRID, Spain – The Public Prosecutor’s Office of the National Court has requested that the court assume jurisdiction over the investigation into the mass entry of migrants into Ceuta in late July, arguing that the case may involve offences including facilitation of illegal immigration, homicide, and reckless serious injury, as well as criminal organisation. The chief prosecutor of the National Court, Jesús Alonso, has communicated this position to Judge María Tardón after taking over the case, stating that the court is competent to investigate the events as they occurred both on foreign and national territory and affect interests protected by Spanish law.
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According to the prosecutor’s report, based on preliminary conclusions submitted by the National Police and the Civil Guard, a substantial part of the planning, mobilisation, logistical coordination, digital dissemination, and strategic direction of the operation appears to have taken place in Moroccan territory, while the execution and most relevant effects occurred in Spain. The police report submitted to the judge speaks of police permissiveness in Morocco, noting that on July 30 there was no serious attempt to reduce, disperse, or move the mass of people away from the border perimeter, and even describes an almost active tolerance attitude by Moroccan security forces, reinforced by the migrants’ own behaviour, who acted with relative calm and a certain sense of impunity.
Investigators also state that Moroccan agents carried out active guidance of the mass towards crossing points, describing the action as planned and aimed at collapsing the border management system and eliminating Spain’s response capacity. For the prosecutor, the events that took place in the days prior to the mass entry and on July 30 and 31 could constitute offences whose investigation corresponds to bodies capable of tackling complex and organised criminal phenomena, such as the National Court.
In this initial phase of the proceedings, the chief prosecutor believes that Judge Tardón should open a case to investigate the events for the mentioned offences, although the investigation will need to determine whether the events could also constitute offences affecting public order or collective legal assets such as peace or the independence of the State. The prosecutor has also requested that, given the exceptional circumstances, partial secrecy of the proceedings be declared.
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The National Court’s decision on whether to proceed with the full investigation will be closely watched, as it could have significant implications for Spain’s relations with Morocco and for the broader political and legal consequences of the Ceuta crisis. The case continues to unfold, and further developments are expected in the coming weeks.
