Places of short-Term Deprivation of Liberty
were being processed, though the relevant authorities were empowered to oblige
when the deprivation of
them to maintain a fixed address. Under the amendment the entry of asylum seekers
liberty was intended to
into Spain was linked to the admission for consideration of their applications, and
applicants were obliged to remain in waiting areas at the border post while that
process was ongoing. The Ombudsman considered that holding foreign nationals
protect persons who
claimed to have suffered
persecution
at the border in such cases was a true deprivation of liberty, and that the assurances
laid down in Article 17 of the Constitution should apply. The court ruled that the
72 hour limit established in the Constitution was not necessarily applicable when
the deprivation of liberty was enforced for radically different purposes, which in the
case in question meant the protection of persons who claimed to have suffered
persecution, while at the same time ensuring that the entry of foreign nationals and
their presence in Spain were handled in an entirely lawful manner.
75. These measures cover border posts at airports (34), seaports (34) and
9,453 denials of entry at
terrestrial border crossings (4). Data published by the Ministry of the Interior
border posts in 2010
indicate that between all these posts there were 9,453 denials of entry in 2010.
The data available at the time of writing this report indicate that 300 applications
300 applications for
for international protection were filed at border posts in 2010 (295 at airports
international protection at
and five at seaports). This figure is 10.93% of the total number of 2,744
applications received by Spain. The table below gives a breakdown of applications
border posts (10.93% of the
total number received)
for international protection filed at border posts.
Table 18. Applications for international protection
filed at border posts in 2010
Table 18: Applications for
international protection
filed at border posts in 2010
Province
Airport
Barcelona
35
Castellón
Las Palmas
1
1
7
Madrid
252
Malaga
1
Murcia
Total
Seaport
1
1
1
295
5
Source: Subdirectorate General for Asylum.
The waiting areas for persons denied entry and asylum seekers at the border posts
The facilities at the border
at Madrid-Barajas, Malaga and El Prat de Llobregat (Barcelona) airports were
posts at the airports with
visited. These particular facilities (especially those in Madrid and Barcelona) were
most flights originating
selected due to the large number of flights originating outside the so-called
“Schengen Area” that they handle. Between them they account for 96% of the
outside the Schengen Area
were visited
applications received at border posts.
THE OMBUDSMAN OF SPAIN
59
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