Spoilers themselves can't be MEL'd but the various spoiler indications can be.
The deploy valve requires electrical power. If power is lost the valve moves to the retract position, however the spoilers require hydraulic pressure to retract so if hydraulic pressure was removed first I guess they'd still be deployed but if electrical power was removed first they could be retracted when they had previously been deployed.
In short, I don't think anything can be inferred from the position of the spoilers in the photos.