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His Excellency

Abdellatif

Ouahbi

Moroccan Ministry of Justice

President

Pedro

Sánchez Pérez-Castejón

Government of Spain

Mr President/Your Excellency

I am writing you appalled by the events of 24 June 2022, when Moroccan and Spanish security forces used unlawful force and committed acts which may amount to torture and other ill-treatment to violently stop people trying to cross at the Melilla border. At least 37 Black people – mostly from sub-Saharan Africa - died unlawfully and 76 remain missing. Their loved ones still don’t have answers about what happened to them.

As you are aware, Security forces used batons, tear gas, rubber bullets and beat and kicked people, in an enclosed area from which people could not easily leave, even after they were under police control and could not move. Both the Moroccan and Spanish authorities failed to provide prompt and adequate medical assistance to the injured, while dozens were left unattended in the full glare of the sun for at least eight hours – a display of inhumanity which likely contributed to avoidable loss of life.

To date, the investigations so far initiated lack transparency and have failed to produce even the most basic of facts about happened and to identify those responsible for these actions which constitute crimes under international law and human rights violations. Further, loved ones have been denied information about the dead and missing.

I urge you to provide justice for the victims and their families by:

•	Ensuring that effective, independent and transparent investigations are carried out i nto the deaths and injuries that occurred on 24 June in order to bring officials responsible for unlawful use of force, acts which may amount to torture and other ill-treatment, summary expulsions, refoulement, forcible transfer, and enforced disappearances, including where appropriate those with chain of command responsibility, to justice; and to help ensure non-repetition of the human rights violations and crimes under international law. Any inquiry into the events of 24 June should include a mandate to investigate concerns of racism and discrimination as part of the spectrum of potential human rights violations and breaches of international law occurring on 24 June 2022 and should cover the ongoing concerns about enforced disappearances since that day.

•	Ensuring that the investigation also looks into the failure of the authorities to provide prompt medical assistance to injured people, in order to hold those responsible to account and inform guidelines and regulations to prevent such violations from recurring.

•	Ensuring that victims and their families have timely access to information about these investigations; and fulfil the obligation to investigate and establish the fate and whereabouts of their loved ones, as well as to justice and comprehensive reparation for the harm inflicted.

•	Fully cooperating with UN special procedures and other international and regional human rights mechanisms seeking to establish the truth for the events of 24 June 2022.

•	Championing human rights by complying with and implement UN treaty monitoring body recommendations regarding the protection of human rights of migrants and refugees, particularly of people from sub-Saharan Africa in Ceuta and Melilla, including those calling on European governments to ensure effective access by all people seeking protection to official procedures to make a claim for asylum, specifically removing existing barriers to people from sub-Saharan Africa.

Kind regards,
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