The Spanish Ombudsman initiated an ex offcio action on Friday in relation to a rubber boat carrying migrants capsized 40 miles off the coast of Morocco on June 21st. The rubber boat was carrying 60 people, including children, heading to the Canary Islands and resulted in the death of more than 30 migrants. The Canary Islands have become the main destination for migrants attempting to reach Spain and mainland Europe and 227 migrants have been rescued during the busy summer period.

The Ombudsman seeks to investigate whether Spain was compliant with its obligations under EU law and whether human rights standards were upheld throughout the rescue attempt. Both the Regional Coordination Center of the Canary Islands and the Society of Rescue and Maritime Security are involved in the action and are required to provide further information about the shipwreck.

The President of the NGO Walking Borders, Helen Maleno Garzon, criticised Spain in how they handled the migration route, suggesting that Spain and Morocco are “playing with people’s lives” hinting at a dispute between maritime zones. It was then discovered that the rubber boat was in Spain’s search and rescue maritime zone according to international law; therefore, Spanish authorities should have led the recovery effort. This recent migrant death has caused controversy over the maritime zone off the coast of Western Sahara, which is a non-self-governing territory according to the UN, although Morocco controls most of it.

Last year, the Ombudsman ruled that Spain did not uphold domestic and international law in a similar migrant crossing tragedy where 23 people died because Spain “carelessly” returned migrants to Morocco. However, the Spanish Transport Ministry stated that the migrant rescue service has continually complied with EU and international procedures.