Melilla resident sentenced to 7 years for smuggling migrants from Morocco

The Superior Court of Justice of Andalusia, Ceuta, and Melilla (TSJA)  sentenced a Melilla resident on Thursday to seven years in prison for illegally transporting around ten migrants from Morocco to Melilla on a recreational boat.  

The enclave resident was found guilty of a crime against the rights of foreign citizens, and faces an extended sentence due to a previous record of similar offenses.

The accused also received an additional six-month prison term for resisting law enforcement officers. This charge stems from the defendant’s disregard for orders from the Civil Guard’s Special Group for Underwater Activities (GEAS), leading to a collision with a patrol boat and subsequent apprehension.

According to court documents, the high court dismissed the defendant’s appeal against an initial ruling by the Provincial Court. The final verdict confirms the seven-and-a-half-year sentence for the events that unfolded around 9:00 PM on August 19, 2022.

On that day, the accused captained a black-painted recreational boat, deliberately obscuring its registration to avoid identification. 

After engaging in suspicious maneuvers in Melilla’s Dique Sur and Playa Nueva areas, drawing attention from various Civil Guard patrols, the individual became the focus of law enforcement.

The judicial account reveals that the convicted individual traveled to a nearby beach in Morocco, where he picked up approximately 11 or 12 individuals, all Moroccan nationals without legal residence in the European Union. 

These migrants had paid varying sums of money to be clandestinely transported into Spanish territory.

The boat’s captain operated with lights off to avoid detection upon return, attempting to disembark the individuals lying on the floor of the boat’s cockpit and small covered cabin, all while navigating a five-meter-long vessel.

Upon spotting a Civil Guard patrol, the individual changed the disembarkation point to Melilla’s Playa de las Horcas Coloradas, colliding with rocks and forcing the migrants into the sea.

In an attempt to escape, the boat abruptly turned towards the open sea. Those thrown overboard managed to reach the coast with difficulty, assisted by each other and Civil Guard agents, who intercepted eight of them.

The judges revealed that three of the migrants couldn’t swim, while the others struggled, risking near-drowning. 

All survivors, physically distressed, dizzy, and frightened, received medical attention after being thrown into the water at night, in the dark, in rugged terrain, and adverse sea conditions with waves exceeding one meter.

After ejecting the migrants into the sea, the accused fled into total darkness and challenging weather conditions. Despite the unfavorable conditions, the Civil Guard’s land patrols, aided by thermal cameras, maintained visual contact throughout.

A vessel , known as Team Ábaco, was guided by agents on the coast and attempted to intercept the fleeing boat, using activated light signals and repeatedly identifying themselves as Civil Guard officers. 

The accused ignored commands, maneuvering to avoid capture until colliding with the vessel, causing damage and subsequent sinking. Two agents sustained injuries, while a third suffered damage to the uniform.

As a result of these events, the court has handed down a seven-year prison sentence for the offense against foreign citizens and an additional six months for resisting authority.