"Based on a series of testimonies, in particular those of NGOs, the commission invokes the hypothesis of violence beyond the fence, because of the Spanish authorities' reluctance or hesitation to provide help and assistance despite the stampede and the large gathering of migrants at the metal revolving doors. The border post remained hermetically sealed, leading to an increase in injuries and deaths," said the president of the CNDH, Amina Bouayach at a press conference in Rabat.
According to Spanish officials, more than 2,000 Africans made their way to the perimeter at 6.40am on Friday June 24, with around 500 actually making it to the border control area after cutting an opening in fencing with shears.
Some 133 people managed to force their way through fencing at around 8.30am, 57 of whom were injured with three needing to be hospitalised. Dozens of police officers were also hurt in the stampede and Spain's Prosecutors' Office has opened its own investigation.
During the press conference this week, Bouayach, accompanied by members of the commission, including a doctor, argued that the Spanish authorities had used violence and had not assisted the injured and added that, at the moment of the stampede, "the doors (access to the border crossing) were closed, but it was their responsibility to open them".
NGO's on the ground at the time claimed the death toll could be as high as 37, but the CNDH president confirmed 23, stressing that their bodies have still not been buried because post mortems and DNA tests are being carried out.
Bouayach assured all the injured "received adequate medical care" and pointed out that the Moroccan troops "did not use bullets against the migrants during their intervention".
Footage has surfaced of Moroccon authorities using weapons to try to control the crowds, but the CNDH said these were "isolated cases" and remained "unjustified".
In the CNDH report, the president also warned that the immigration situation "will worsen" because of poverty, wars and climate change on the African continent.
The council is now calling for a review of migration policy and international cooperation in this area "far from a security approach".
"Fences and gates will not stop migrants from crossing into Europe. And Europe cannot close its doors and let neighbouring countries manage the consequences of migration flows," said Bouayach.
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