The Contentious-Administrative Court Number 2 of Las Palmas has declared the nullity of the administrative file that agreed to the expulsion of the Uruguayan activist, José Morales Brum, from Spanish territory, and that prohibited him from entering Spain for a period of five years. Morales was deported in June 2012.
Morales filed a contentious-administrative appeal against the resolution of May 2010, issued by the Government Delegation in the Canary Islands, by virtue of which the expulsion of the activist from Spain was agreed. The Uruguayan's appeal was admitted for processing and requested that this file be declared null, alleging roots for living with his mother, resident in Spain, and for having been in this country since he was six years old. On the contrary, the administration opposed, considering that the appealed act was "in accordance with the law".
The plaintiff was charged with participating in activities contrary to public order, provided for in the Law on Protection of Citizen Security. According to the administrative file, Morales was involved in events that consisted of participating in a protest rally against oil exploration in front of the PP headquarters in Arrecife, where he "lunged at the minister", José Manuel Soria, and "incited the rest of the participants". Precisely for these events, the expulsion file was initiated.
The Justice has now issued a ruling on this file and considers that "of course, neither the option of expulsion is motivated, nor is it proportionate to the events that occurred, since they cannot escape the framework of a protest against what is considered to harm the interests of the general public as well".
"I also do not understand that the behavior in itself threatens citizen security without prejudice to the fact that it is not susceptible to being praised either, but in no case does it justify the expulsion without further ado of the appellant", the ruling of the Contentious-Administrative Court Number 2 of Las Palmas states, which imposes the costs of the process on the defendant administration.
"Tied hand and foot, literally"
Alicia Da Rosa, from the support group for José Morales, has stated in a press release that this ruling leaves "in evidence the clear political persecution of the authorities of the Spanish Government Delegation against this activist". In addition, she recalled that Morales denounced the illegality of his detention and his subsequent transfer to Uruguay, "tied hand and foot, literally", where he was admitted "by force, at the hands of an Interpol official at the Carrasco airport".
With this favorable ruling for the Uruguayan activist, Alicia Da Rosa has stated that the judicial instance is open to sue the administration and its officials for "all the damages caused to this citizen". "This ruling makes it clear that the accusations, defamations, insults and slander that were raised against him by the Spanish authorities were false," she insisted.
