The High Court of Justice of the Balearic Islands (TSJIB) has confirmed the sentence of four years in prison for the two skippers of a skiff intercepted in Formentera with 16 migrants, including four minors, a crossing that, according to the resolution, involved a clandestine access by sea to Spain and generated a serious risk due to the precarious conditions of the boat.
The court details that the boat, of sport type and without safety equipment, sailed from Algeria between the night of May 25th and 26th, last May, with destination to the archipelago. According to the TSJIB, it lacked the required life-saving elements, as well as radio-electric and fire-fighting systems, in addition to exceeding the maximum permitted capacity, a circumstance that increased the dangerousness of the crossing. In this context, none of the occupants had life jackets, food or water, nor emergency material, according to the sentence, which describes how the migrants traveled exposed in the cockpit of the ship since it did not have a cabin.
An extreme risk crossing
The magistrates maintain that it was accredited that 14 migrants, of Algerian nationality, paid a sum of money for the journey and that the accused acted as pilots of the boat, assuming the responsibility of the navigation. The court thus endorses the qualification of the Provincial Court of Palma, which applied the aggravated type of crime against the rights of foreign citizens due to the extreme risk involved in the crossing.
The TSJIB emphasizes that the danger was increased by the number of people on board, the total absence of safety means and the continuous exposure during the trip. The resolution recalls that the boat showed signs of overloading, a circumstance that, according to the ruling, justified the application of the aggravated type.
The judgment is not final and may be appealed in cassation before the Supreme Court, which must decide whether to uphold or modify the decision.
