An investigation by Forensic Architecture (FA) and the European Center for Constitutional and Human Rights (ECCHR) criticises the judgment of the European Court of Human Rights in the case of N.D. and N.T. v. Spain on push-backs at the Spanish-Moroccan border fences. According to the Spanish Government, the Applicants should have used legal pathways to enter Spain, such as applying for international protection at the official border crossing or in a Spanish embassy. The Court accepted these misleading arguments and found no violation of the European Convention on Human Rights. However, as shown in the video analysis, black Sub-Saharan nationals do not have access to these alleged legal routes due to the structural racism at the Spanish-Moroccan border. The investigation draws on spatial analysis, official data, human rights reports and witness testimony.
Forensic Architecture’s investigation website: https://forensic-architecture.org/investigation/pushbacks-in-melilla-nd-and-nt-vs-spain
Video on YouTube: https://www.youtube.com/watch?v=0qICrF569oU