The controversy over the prosecution of those responsible for the deaths of migrants on boat crossings to the Canaries has taken a major turn with a ruling that courts here have jurisdiction to deal with such cases.
The high court in the province of Santa Cruz de Tenerife, which includes not just Tenerife but another three islands including El Hierro – where the majority of the boats arrive from Africa -, has upheld the decision to remand a man said to be the skipper of one large boat and directly responsible for the deaths at sea of seven of its 224 occupants.
The boat arrived in El Hierro in December 2024 and the man was arrested after he was identified as being in charge of the crossing and playing a key role in the killing of the seven occupants, including one baby.
He was remanded in custody by a judge in El Hierro due to the risk that he would flee the island before the investigation was completed but lawyers appealed the remand decision, arguing that the alleged deaths had occurred in international waters and Spanish courts had no jurisdiction.
In law, Spanish courts can try cases involving all crimes committed in the country or on Spanish aircraft and vessels. According to the man’s defence lawyers, the cayuco boat on which the migrants arrived cannot be considered in any way Spanish and the deaths did not occur in Spanish waters.
However, in a highly interesting ruling which experts say could unlock the door to further prosecutions, the high court judges argued that the deaths were directly and clearly connected to human trafficking to the Canary Islands, an offence for which the courts do have jurisdiction.
According to initial interpretations, the decision means that skippers of boats can be prosecuted not just for deliberate criminal actions such as murder but for the deaths of migrants due to starvation or hypothermia while at sea.
In addition to the seven who were said to have been killed, an eighth person reportedly died after jumping overboard as he was being attacked by those in charge of the boat.
The occupants, mostly from Gambia and Gabon, told the authorities on arrival that they had been subjected to a “reign of terror” while on the boat. A second man also faces trial over his role in events on board.
