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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