116 Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January – June 2007 number of migrants arriving on the islands in 2006 exceeded 31,000 – a figure almost seven times higher than that of 2005. At the end of May the same source reported that the number of migrants arriving in 2007 was down by 63% compared to the same period in 2005. The Minister of the Interior, Alfredo Pérez Rubalcaba, stated on 21 February that Spain had repatriated over 99,000 irregular migrants in the course of the year, an increase of 7% compared to 2005. The non-governmental organisation (NGO) Human Rights Association of Andalucía (Asociación Pro Derechos Humanos de Andalucía, APDHA) claimed that at least 1,167 people died during 2006 attempting to migrate irregularly to Spanish territory. Spanish authorities put the figure far higher, at an estimated 6,000 deaths, although the true total is impossible to gauge. On 12 June the Interior Ministers of EU countries discussed proposals put forward by Malta and supported by Franco Frattini, Commissioner for Justice, Liberty and Security, to create a mechanism to distribute amongst EU countries the migrants intercepted at sea on Europe’s southern border. Franco Frattini also requested states to provide more material resources for Frontex. A new bill has been presented to the Spanish parliament to modify previous legislation to allow for the extraterritorial prosecution of people trafficking. Extra-territorial processing of migrants and asylum-seekers On 30 January 2007, the Spanish sea rescue service intercepted a vessel, Marine I,, with 369 people aboard. It is believed that the passengers were from Asia and Sub-Saharan Africa and were travelling to the Canary Islands. The Spanish rescue service assisted the boat to a position 12 miles off the coast of Mauritania where it remained stranded off the coast for almost two weeks until an agreement was reached between the Mauritanian and Spanish authorities on 12 February to allow the boat Amnesty International to land in Mauritania. Part of the agreement allowed the Spanish authorities to manage the welfare and processing of the migrants and asylum seekers in Mauritania. The Spanish authorities agreed to process the asylum claims of nine Sri Lankans on board, who were transferred to the Canary Islands. Despite a positive report from UNHCR, the United Nations refugee agency, their asylum claims were rejected. The Spanish Commission for Refugee Aid (Comisión Española de Ayuda a Refugiados, CEAR) wanted to launch an appeal on their behalf but they were deported before CEAR had time to do this. The remaining 360 migrants were detained in a disused fish factory in Mauritania in overcrowded conditions that could amount to cruel, inhuman and degrading treatment or punishment. They were made to stay in one area of the factory, had to sleep on the floor and were reportedly prevented from leaving this area by Spanish police officers. They were not allowed to go outside and had to request permission to use sanitary facilities. On 11 April 2007 the newspaper El País reported that of the 369 migrants who were on board the Marine I, 23 still remained in Mauritania; 35 were returned to GuineaConakry, 161 to India, 115 to Pakistan and 35 were transferred to the Canary Islands. AI received allegations that the remaining 23 men were held in a room that measured 25m2 According to reports received before their transfer to Mauritanian jurisdiction, their physical and mental health had seriously deteriorated and they showed symptoms of severe anxiety and stress. On 4 July AI wrote to the Spanish government to express concern regarding the continued detention of the 23 migrants and possible asylum-seekers in Nouadhibou, the conditions of their detention, possible inadequacies in the processing of asylum claims and risk of refoulement. No reply had been received by the end of the period under review. AI Index: EUR 01/010/2007

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