SPAIN: Minister rebuffed over "criminal" migrants

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When he presented the Spanish crime figures for 2001, which indicated a 10% increase (mainly in crimes against property), Interior minister Mariano Rajoy highlighted reasons to explain this increase. These included the claim that it is now easier for victims to report crimes, since telephone and internet crime reporting facilities have been set up. The main causes, however, were that criminals were able to commit offences repeatedly because courts were not punishing offenders quickly or harshly enough. The increase in the number of illegal immigrants in Spain, and the difficulties in expelling those found guilty of committing offences, was another priority: "An increase of 39.61% has been recorded in the number of foreigners detained for all forms [of crime], but with regards to thefts in houses using force, and thefts using violence and intimidation, 50% of detainees are foreigners". Rajoy told the Spanish Senate that he had asked the general prosecutor [Fiscal general] to expel foreigners who commit crimes in Spain, but noted difficulties with this as repatriation agreements have only been concluded with Morocco, Nigeria and Senegal.
For repeat offenders, Rajoy called for preventative custody to be used more often, as 64% of those arrested were repeat offenders. El Pais reported that a dossier by the Jefatura Superior de Policia (Police Chiefs' Headquarters) in Madrid named 85 people who had been detained a total of 3,561 times. The dossier says that "independent of evidence for them to be charged, they represent a menace to society for this excessive number of arrests".
The head prosecutor of the Madrid high court of justice, Mariano Fernandez Bermejo took exception to the way in which the distinction between "immigration and criminality" was being blurred. Bermejo said "It is a lie that immigration is a cause of crime; the cause is social exclusion". He added that "...we must not call members of organised criminal groups immigrants, because this would be to insult people who come to Spain to undertake work that we don't want, such as taking care of our grandparents or cleaning our houses".
The targeting of immigrant communities by Spanish police may also have an impact on arrest statistics. Operation Ludeco (see Statewatch vol 12 no 1) for example, is intended to counter an alleged increase in crime by Colombians and Ecuadorians through strict surveillance of the 157,000-strong communities, and more diligence in applying the current immigration law and carrying out expulsions. Fair Trials Abroad, an organisation that undertakes work assisting people arrested in foreign jurisdictions, has highlighted that in several European countries, and Spain in particular, foreigners are often denied the judicial guarantees enjoyed by nationals.

El Pais, 5, 7, 15 & 25.3.02.

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