In a verdict that may anger rights groups, the court considered that there has been no violations of the European Convention on Human Rights.
The two migrants crossed the fenced wire surrounding Melilla in August 2014, along with a number of other migrants, but they were caught by Spanish police and immediately returned to Morocco.
EU law requires any migrant arriving — regardless of the circumstances —to be transferred to mainland Spain where they can access lawyers, translators and medical personnel. Spain previously defended that their deportations were legal under an agreement signed with Morocco.
The European Centre for Constitutional and Human Rights (ECCHR) said that “instead of condemning Spain for failing its human rights obligations, the court is ignoring evidence from all human rights institutions.