Two Dutch unjustly detained for 3 weeks by Spanish border police

The Spanish border police unjustly detained two Dutch-Morroccan men in the enclave of Melilla for nearly three weeks. They accused them of stealing a lease car, even after the leasing company said that this was not the case. It took a visit from Arnhem mayor Ahmed Marcouch and PvdA MEP Mohammed Chahim to get the process for the return of their passports moving, NRC reports.

“It’s unbelievable that something like this happens in a democratic country,” Marcouch told NRC from Melilla. “You can only conclude that they were singled out based on their ethnicity and designated as suspects without any facts or circumstances.”

The two friends, Youssef Talhaoui (35) and Oussama (39), who asked that his surname not be published, were on their way to Morocco in a legitimately leased car to spend their holiday with their families. Their wives and children went by plane. But at customs in Melilla, the Guardia Civil, the Spanish military police, arrested them on suspicion of car theft.

The Spanish authorities contacted the leasing company, Axus Nederland, and pressured them to file charges, according to the police report NRC had seen. “If you don’t report the incident now, you’ll lose the car forever,” the Spanish police allegedly told the company.

Axus Nederland told NRC that the Spanish authorities provided them with incomplete documents. “The form with the authorization was not complete, and the apostille [the court stamp that the signature is correct] was missing. After consultation with the corporate investigation department and pressure from the Spanish, we reported it,” spokesperson Lonneke van der Horst told the newspaper. “But when we saw that the papers were correct, we immediately withdrew the report.”

But Oussama and Youssef were already in custody, with their passports confiscated. “We were immediately handcuffed without being questioned, our phones and passports were taken away, and we were tied to a chair,” Oussama told NRC. The next day, they were transferred to a cell. “It was a cell where you wouldn’t leave a dog. It was like a movie: you couldn’t ask for water, no toilet, no intercom, so if you wanted something, you had to shout at the top of your lungs,” he said. “I’ve never had any contact with the law. I work for the government.”

The two men were allowed to leave their cells the day after the leasing company withdrew the report. They spent two days in the cell. It took another three weeks and a visit from the Dutch politicians before they got the prospect of getting their passports back from the police. That should happen tomorrow, according to NRC. They stayed at a hotel paid for by the leasing company.

Two days after being released from their cell, they received a Dutch police report with proof that the report had been withdrawn because it was in error. “When we handed over the Dutch police report, it was not accepted because it was not in Spanish,” Oussama said. “We then had the report translated. That was also not good. They wanted every piece of paper translated and stamped by the Dutch court. And for every step, you lose two days.”

Mayor Marcouch is furious. “Mistakes can happen, but the fact that you wrongfully detain people for three weeks is unprecedented. It smacks of bad governance and poorly functioning institutions.” According to the Arnhem mayor, who has had to help people in Melilla multiple times before, Oussama and Youssef are devastated. “These gentlemen have families, a job. This is ruining lives. And all this because of a misunderstanding about a car.”

“As soon as I get to Brussels, I’m going to ask the ombudsman to look into this. Because this is unacceptable,” PvdA MEP Chahim told NRC. “The procedure is not transparent. If you detain someone, you should interrogate them. They have the right to an interpreter, decent basic facilities like water, and a clean toilet.”

“Melilla is an autonomous region that does not comply with fundamental human rights, which every European member state must adhere to. And that is why this must be investigated in Brussels, just as we would do with a country lyke Hungary, Chahim said.

Oussama and Youssef should get their passports back tomorrow. They’re waiting for them separately. “My wife is giving birth next month. I just want to go home to my family. Everyone is sick of it,” Oussama told NRC.

“The past three weeks have been hell, and I am angry with the Spanish authorities, to say the least,” Youssef added. “They can’t do this.”