The Public Prosecutor’s Office of the Audiencia Nacional submitted an opinion to investigating judge María Tardón on 4 September 2026, supporting the jurisdiction of this special court to investigate the mass entry into Ceuta at the end of July. It also asks the Fiscalíato place parts of the case file under seal. This is stated in a notice from the Public Prosecutor’s Office, which confirmed receipt of the judge’s report on Juzgado Central de Instrucción 3 confirmed.
The chief prosecutor of the Audiencia Nacional, Jesús Alonso, cites the jurisdictional rules in the Ley Orgánica del Poder Judicial as grounds. According to the lines of inquiry available so far, a substantial part of the planning, mobilisation, logistical coordination, digital dissemination and possible strategic direction of the action took place on Moroccan territory, while its execution and consequences occurred in Spain. The transnational nature of the events, it argues, supports the Audiencia Nacional leading the investigation.
As a preliminary legal assessment, the Public Prosecutor’s Office initially classifies the events as possible facilitation of irregular migration. It also notes that, depending on the further evidence, more serious offences – such as offences against the peace and independence of the state – could be considered. A definitive legal assessment will depend on the ongoing investigation.
The requested partial secrecy is intended to protect the ongoing investigation. It would apply in particular to the disclosure of sensitive investigative findings to third parties; access to the material by those outside the proceedings would be restricted for the duration of the measure. The decision itself rests with the judge responsible for the case.
The case has already prompted political reactions. The involvement of the Audiencia Nacional and the investigating judge’s orders sit at the intersection of the judiciary, police and executive. Following public reservations expressed by Interior Minister Fernando Grande-Marlaska about decisions relating to the Ceuta proceedings, judicial bodies recently voiced their support for Judge Tardón. These are political statements; they do not prejudge the court’s examination of jurisdiction and the alleged offences.
The latest steps mark a phase in the proceedings in which jurisdiction and protection of the investigation are the main concerns. Whether, and to what extent, charges are brought will depend on the further gathering of evidence. The Public Prosecutor’s Office’s current application concerns procedural matters and aims to ensure a sound legal basis for investigating the events at the border in Ceuta.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).