On 22 May 2016, at approximately 00.37, the defendant endeavoured to cross from Morocco to Spain through the border point of Beni-Enzar (Morocco). He was driving a vehicle with a fraudulent licence plate.
The vehicle enclosed two hidden compartments. Specifically, a metallic construction had been introduced behind the rear seat and in the front of the vehicle, just under the dashboard, between the glove compartment and the engine. Following a search operation, law-enforcement agents discovered two migrants in the hidden compartment at the front of the car and one migrant hiding in the rear cubicle. The three migrants were not in possession of the necessary documentation to legally enter and stay in Spain.
The defendant entered a plea bargain, having agreed with the qualification of the facts and the applied penalty. In particular, he conceded to the existence of aggravating circumstances: (i) endangerment of life and safety of migrants, (ii) recidivism.
The Audiencia Provincial de Melilla (Spain) convicted the defendant of migrant smuggling and falsification of documents.
For further details see “Commentary”.
The Magistrate’s Court nº 4 of Melilla (Spain) referred the case against the defendant (Rollo de Sala 55/16) to the Provincial Court of Melilla.