Wednesday, May 25

Mallorca outbreak unleashes legal battle over lockdowns

A group of students confined in Mallorca

A group of students confined in Mallorca

The macrobrote from Mallorca and the management carried out by the Balearic Government have triggered a legal battle headed by the parents of the detained students who, after a weekend of uncertainty and misinformation, have decided to go to court to defend the rights of their children, who they believe are being trampled on. If on Monday it was a group of parents from IES Góngora de Córdoba those who filed a complaint against the general director of Public Health of the Balearic Islands for illegal retention, on Tuesday there was a barrage of applications for habeas corpus (a procedure intended to demand that a judge verify the legality of an arrest) in the courts of Mallorca from parents from different parts of Spain, also from the province, demanding that young people who They have tested negative, many of them minor, leave the Palma Bellver hotel, where they have been since last Friday.

These petitions came after learning of the refusal of a Palma duty judge to grant habeas corpus to three students in similar circumstances, considering that It is only applicable when the arrest is due to the alleged commission of a crime and not for public health reasons how is. Sources from the Superior Court of Justice of the Balearic Islands reported shortly after the presentation of some 200 more applications.

The Balearic Government presented this Monday before the Palma court a resolution for the judge to ratify the decision to keep the students in detention under the Law of Contentious Administrative Jurisdiction, a measure opposed by the Prosecutor’s Office, understanding that the resolution only considers young people as suspects in a “presumptive and indeterminate” in front of other clients or hotel workers, who are not suspected.

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The prosecution also points out that the resolution does not clearly detail any of the people confined as suspects or if they had real contact with specific people. The report of the Prosecutor’s Office has no immediate consequences, since the judge is still pending a decision.

Legal sources consulted indicate that the legislation provides that for health reasons and of urgent need someone may be deprived of fundamental rights, but said measure requires the decision of an administrative authority, in this case the General Directorate of Public Health, and a judicial authorization or ratification, which is still pending. The court, which has 3 days to pronounce, has requested more information from the Government in addition to the report to the Prosecutor’s Office, so it is expected that it will soon determine if the students can leave or not.

Parallel to this battle, the Minister of the Presidency of the Balearic Government, Mercedes Garrido, announced another fight against the promoter of the reggaeton concert held on June 15 in the bullring of Mallorca and identified as one of the main sources of contagion. Despite being authorized, Garrido described the event as “a riot“and reported that there is a proposed penalty of 200,000 euros.

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