Three Years in Prison for Skipper of Migrant Boat Rescued After Running Out of Fuel Near Formentera

November 02, 2026

The Balearic Islands Provincial Court has sentenced the skipper of a migrant boat to three years in prison after the vessel ran out of fuel during a crossing from Algeria to Formentera, leaving the people aboard adrift at sea.

The conviction concerns an incident on 20 and 21 April 2026, when a rigid boat carrying 17 people was rescued by Maritime Rescue after its fuel ran out. The court considered that the overcrowded vessel, which lacked essential safety and navigation equipment, had placed those aboard at serious risk.

The defendant admitted the facts and accepted an agreement with the Public Prosecutor's Office during the court hearing on 1 October. The resulting sentence was declared final on the same day after the parties confirmed they would not appeal.

Boat Departed from the Algerian Coast

According to the facts established in the judgment, the boat departed from Tipasa, on Algeria's northern coast, on 20 April 2026.

It was a rigid white vessel approximately six metres long, equipped with a single Yamaha engine rated at 90 horsepower. There were 17 people aboard, all of Algerian nationality, intending to reach Spanish territory.

The crossing lasted approximately 18 hours and took place in particularly dangerous conditions. The vessel was carrying more passengers than its permitted capacity and lacked adequate safety and rescue equipment, as well as instruments to assist with navigation.

Five Hours Adrift After Running Out of Fuel

The situation deteriorated at around 20:00 on 20 April, when the boat ran out of fuel and could no longer continue its journey.

Those aboard remained adrift for approximately five hours before Maritime Rescue recovered them at around 01:00 on 21 April.

The court considered that the combination of overcrowding, the boat's characteristics and the absence of essential safety equipment created a serious risk of capsizing and sinking.

During the crossing, the defendant was responsible for directing and piloting the vessel, as well as handling its refuelling. These activities were central to the court's assessment of his criminal responsibility.

Court Records Payments by Passengers

The judgment also refers to payments made by passengers for the crossing. At least two people aboard had paid 100 million centimes of Algerian dinars, reported as equivalent to approximately €3,700, to be transported to Spain.

However, the ruling does not establish that the defendant personally received this money. Nor does it identify the people responsible for organising the journey.

The court also records that the defendant himself intended to reach Europe in search of improved living conditions and to escape poverty in his country of origin.

Defendant Accepts Three-Year Prison Sentence

The investigation began following a report by the National Police's Provincial Brigade for Immigration and Documentation. The case was subsequently investigated in Ibiza before reaching the First Section of the Balearic Islands Provincial Court.

The defendant had been deprived of his liberty since 22 April 2026, one day after the rescue.

At the hearing on 1 October, he acknowledged the facts and accepted an agreement with the Public Prosecutor's Office for a three-year prison sentence for an offence against the rights of foreign citizens, under Article 318 bis of Spain's Criminal Code.

The court, presided over by magistrate Jaime Tartalo Hernández, with Salud de Aguilar Gualda as reporting judge, considered the legal classification appropriate and confirmed that the defendant's acceptance of the agreement was given freely and with full understanding.

The sentence includes three years in prison, special disqualification from standing for public office during the term of the sentence and payment of legal costs. Time already spent in custody in connection with the case will be deducted from the prison term.

The judgment became final on 1 October after the parties stated that they would not appeal.

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