The complaints referred to warnings and other communications about CNI reports on border protection. Spain’s Supreme Court Criminal Chamber said the material did not establish what any individual member of the government had decided or omitted. On 4 November 2026, it archived one complaint from Vox, three from Manos Limpias and submissions by two private individuals, finding insufficient evidence at that stage to open proceedings against the officials named.
Vox, Manos Limpias and the two individuals had asked the court to investigate Pedro Sánchez and the entire Council of Ministers. Their accusations included administrative prevarication and dereliction of duty, among other alleged offences. They also focused on Interior Minister Fernando Grande-Marlaska, Defence Minister Margarita Robles and Health Minister Mónica García.
The judges said the filings failed to establish a sufficient individual link between each official with parliamentary privilege and the decisions or omissions under challenge. Information about border-security arrangements, alerts and communications, including material attributed to the National Intelligence Centre, was not enough by itself to establish each person's role or the possible criminal significance of their actions. The court said an inquiry would need to clarify who received relevant information, what decisions were taken, what resources were available and how each official was involved.
The complaints concerned the mass entry of migrants into Ceuta on 30 and 31 July 2026. The National Court had already opened an investigation into the events. Examining judge María Tardón was tasked with establishing whether Moroccan authorities encouraged the arrivals or Spanish authorities ignored warnings that could have enabled preventive action. The Supreme Court said that investigation should establish what information was available to relevant actors, what decisions were taken and what means were at their disposal.
The Supreme Court’s ruling closed the complaints before it, but did not determine that the events were definitively non-criminal or that officials could not ultimately bear criminal responsibility. If Tardón’s investigation uncovers objective evidence of criminally relevant participation by a person with procedural privilege, she may send a reasoned referral to the Supreme Court. It would then consider jurisdiction and whether to open proceedings.
The Ceuta complaints are separate from a case concerning Constitutional Court judges. The Supreme Court has also received a complaint seeking an investigation of seven judges in that matter, covered in this earlier court report.
