The case concerned the immediate return to Morocco of two nationals of Mali and Côte d’Ivoire
who on 13 August 2014 attempted to enter Spanish territory in an unauthorised manner by climbing
the fences surrounding the Spanish enclave of Melilla on the North African coast.
The Court considered that the applicants had in fact placed themselves in an unlawful situation
when they had deliberately attempted to enter Spain on 13 August 2014 by crossing the Melilla
border protection structures as part of a large group and at an unauthorised location, taking
advantage of the group’s large numbers and using force. They had thus chosen not to use the legal
procedures which existed in order to enter Spanish territory lawfully. Consequently, the Court
considered that the lack of individual removal decisions could be attributed to the fact that the
applicants – assuming that they had wished to assert rights under the Convention – had not made
use of the official entry procedures existing for that purpose, and that it had thus been a
consequence of their own conduct.
In so far as it had found that the lack of an individualised procedure for their removal had been the
consequence of the applicants’ own conduct, the Court could not hold the respondent State
responsible for the lack of a legal remedy in Melilla enabling them to challenge that removal.
This case was referred to the Grand Chamber on 29/01/2018. The Grand Chamber took a final decision on 13 February 2020, see related documents for the Grand Chamber decision.
