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Spain: Withdrawal of legal aid for undocumented immigrants

01 July 1996

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In a joint initiative, 15 NGOs including SOS Racismo, Mugarik Gabe and Abogados Sin Fronteras denounced the new Law on Free Legal Aid, which extends to foreigners only if they are in the state legally. The law, which took effect on 12 July, leaves immigrants without residence papers undefended in the event of deportation procedures against them, unless they have the means to pay privately. The Spanish government, in the opinion of the NGOs, was thereby violating a fundamental human right enshrined in various international treaties to which it was party; they described the law as part of the tendency across Europe to seal off the borders. In May the Public Defender, or ombudsman, applied to have this provision declared unconstitutional, but until the Constitutional Court rules on the matter the law remains. During 1995 the Spanish State deported 4,875 people for being in the country illegally, an increase of 721 on the previous year. Of these 1,608 were African nationals, 755 came from the Americas, 527 were from Europe other than the EU, and 191 were Asians.

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