スペインの外務省は、外国で誘拐されたスペイン人から、救出に課かった費用を請求出来るとする法律を立案
El que avisa al viajero no es traidor
Exteriores podrá reclamar el reembolso del dinero gastado en rescates de españoles
Miguel González Madrid 28 MAR 2013 - 22:21 CET
He who warns the traveler is forearmed
Affairs may claim a refund of the money spent on bailouts of Spanish
Miguel Gonzalez Madrid 28 MAR 2013 - 22:21 CET
When the government, in an emergency consular, decides to intervene in support operations abroad, they behave the use of budgetary resources of the State, may require repayment of all or part of those who have been exposed to voluntarily risks for which the Ministry of Foreign Affairs reported in its travel recommendations, published and updated promptly, regarding security conditions in different countries and regions of the world. "
The provision contained in the bill External Action and the State Foreign Service, currently in the process of consultation, has put the fly behind the ear to NGOs working in conflict zones. Does the government intends to charge the victims the amount of ransoms paid to their kidnappers? Diplomatic sources flatly deny.
It would not be viable. The Government can not recognize the ransom and even if it did, it would be difficult to present the invoice to the ex-hostages. But the rescue is a fraction of the cost of a kidnapping, according to security experts. No one is paid to the kidnappers, but also a handful of intermediaries, without the deployment of intelligence agents, for information, or the mobilization of Transportation.
Kidnapping is the most striking of a series of situations in which, more often than transcends, Spanish citizens are involved. From adventure lovers to freelance exposed, by vocation or duty, to risk in conflict zones. In a labor market increasingly precarious, some journalists work without even insurance which guarantees medical care or emergency repatriation.
The Spanish foreign minister, José Manuel García-Margallo, tried to force out of Spanish aid to the Sahrawi camps in July, citing the threat of kidnapping by Al Qaeda. Some refused to leave the refugee camps and others returned soon. Affairs could not stop him. But he warned them that they did on their own responsibility, Most eventually returned to Spain when the Polisario Front agreed so.
The law aims to strengthen External Action Affairs councils a deterrent: the possibility of reimbursement for services rendered. And it refers to the travel recommendations contained in the website of the ministry (www.maec.es).
These recommendations are not always clear. In many countries sheets contained the notation "is recommended to travel with caution" or "extreme caution" in others, "travel is discouraged unless extreme necessity", and in seven of them, "not to travel under any circumstances" . Many cards lack an annotation of this type and you have to figure out which is the recommendation from Foreign read the section on "safety" of the country.
The Ministry asked not to go to seven countries "under any circumstances"
It is not just that the cards have been written by different people with different criteria (do you really Papua New Guinea is more dangerous than Afghanistan?), But is no stranger to political constraints.
For countries like Tunisia and Egypt, as they attempt to tourism after the upheavals of the Arab Spring, it is essential that not scare away foreign Spanish planning to go there on holiday. Neither makes sense or Margallo Rajoy encourage Spanish businessmen to go to Algeria or Libya in search of contracts while the Ministry's website discourages them so.
Foreign ensures that its recommendations "have no binding effect" and only serve as a "warning or advice." He adds: "The State shall not be liable in any way or by any concept of damages [caused] by both enforcement as ignorance or recommendation not care." That is, the claims elsewhere.
So far, the only rules is about an order of 25 April 2002 governing aid to embassies and consulates can be granted to the Spanish who are "in need" abroad. Except for maintenance assistance, detainees and burial or cremation, the recipient is required to repay. Usually no aid reaches 200 euros, which is the amount that can deliver the consulate without asking permission from Madrid.
The situation will change once implemented the new law: if Foreign may require payment of the costs to those who do not follow his tips, the opposite is also true. Or not?
Legal uncertainty in Guinea
Equatorial Guinea's tab on the website contains a warning Foreign singular does not refer to physical security problems, as in other countries, but legal uncertainty. "They come by finding situations where airport authorities provisionally prohibit the departure of foreign citizens, including Spanish, at the request of local partners, with trade disputes that exist [...] and without a prior judicial intervention necessarily [...] Later this measure is formalized with the filing of a complaint with the Department of Homeland Security or the courts. This can lead to the situation to continue for days or even weeks. "
El Pais published on 10 March that the Valencian businessman Roberto spent 59 days Cubría refuge at the embassy of Spain in Malabo after he illegally withdraw the passport by a trade dispute with a daughter of the dictator Teodoro Obiang. On day 24, in a lengthy report, added extorted testimony of Spanish businessmen in Equatorial Guinea.
Foreign describes what your website is an illegal act against Spanish citizens abroad. No evidence has been no diplomatic protest.
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