Spain 'illegally restrains' British crew in Gibraltar as answers demanded

Spain 'illegally restrains' British crew in Gibraltar as answers demanded

Spain 'illegally restrains' British crew in Gibraltar as answers demanded

GBC
Jack Walters

By Jack Walters


Published: 16/08/2023

- 17:57

The Rock’s sovereignty became even more contentious after the United Kingdom voted to leave the European Union in 2016

Spain has allegedly “illegally restrained” crew members aboard a Gibraltarian vessel in British Gibraltar Territorial Waters.

The incident took place on Monday night after a Spanish Servicio de Vigilancia Aduanera boat named Aguila 2 chased down the Ultimate Predator.


SVA officers later forced themselves on board and attempted to take executive action at 10pm.

The UK was left frustrated by the decision and is calling on Madrid to explain its decision.

Britain wants Spain to explain itself following the breach of Gibraltar's waters

Britain wants Spain to explain itself following the breach of Gibraltar's waters

GBC

Monday’s incident will likely make Anglo-Spanish relations even more fraught.

The two allies have been left at loggerheads over the sovereignty of the Rock for some time but the issue has become increasingly significant following the 2016 Brexit referendum.

A Foreign, Commonwealth & Development Office (FCDO) spokesman told The Gibraltar Chronicle: “The UK Government is aware of an incident on August 14 where a Spanish customs vessel conducted constabulary actions in British Gibraltar Territorial Waters, which constituted an incursion and violation of UK sovereignty.

“The UK Government will protest this incident to the Spanish Government.”

Officers from HM Customers arrived at the scene and assisted the crew.

Gibraltar Defence Police also made its way to the incident, forcing SVA to withdraw from the Ultimate Predator at approximately 11pm.

The Rock’s Government said: “One of the crew members of the Gibraltar vessel appears to have been illegally restrained by a Spanish operative who boarded their vessel despite lacking jurisdiction to take any action within Gibraltar or the internationally recognised British waters around it.

“The other crew members of the Gibraltar vessel were taken aboard a HM Customs vessel whilst Gibraltar law enforcement searched the Ultimate Predator and liaised with the SVA.”

People get out of their cars cool down as they wait in traffic queues on the Gibraltar side of the Spanish border

People get out of their cars cool down as they wait in traffic queues on the Gibraltar side of the Spanish border

PA

HM Customs added: “HM Customs is satisfied, having subsequently searched the Ultimate Predator, and having tracked its movements, that it had been carrying out a legitimate crew transfer to a merchant ship in BGTW and that its navigational lights and AIS had malfunctioned.”

Gibraltar’s Chief Minister Fabian Picardo labelled the incident “an unacceptable reflection” of Madrid’s failure to recognise the sovereignty of the Rock.

He said: “The unfortunate failure of the navigational lights and AIS of a vessel can, rightly, give rise to suspicion on the part of law enforcement agencies patrolling BGTW. HM Customs was dealing with the matter.

“The engagement of a foreign law enforcement agency, however, without any communication or coordination with Gibraltar law enforcement, is illegal and unacceptable.

The flag of Gibraltar, flies over the Foreign Office in Whitehall, London, during Gibraltar's National Day

The flag of Gibraltar, flies over the Foreign Office in Whitehall, London, during Gibraltar's National Day

PA

“The Spanish officers in question have potentially committed offences against Gibraltar law and I am asking that the matter must be forcefully raised with Spain.

“They were out of their jurisdiction and they were acting illegally in restraining a person in Gibraltar without legal authority to do so. That is worse than unacceptable.”

“I am pleased that the United Kingdom will be making its position clear to Spain on this incident. It does nothing to promote the cross-frontier relationships we have worked so hard to build.

“In fact, it does the opposite and tends to damage cooperation between law enforcement colleagues as well as creating even deeper suspicion in the wider population about the attitude of some sectors of Spanish law enforcement to Gibraltar.

“I commend the crews of the HM Customs and GDP vessels for their actions and their proportionate responses.”

You may like