The magistrate considers the Government’s measure to keep them isolated as unjustified and generic: “In a rule of law, the safeguarding of fundamental rights must be the standard that guides us.”

Students confined to the Bellver hotel in Palma.

The Contentious Administrative Court number 3 of Palma has declared null part of the order of the Balearic Government by which they have been confined to 249 young students who were in Mallorca on a study trip.

All of them were placed in isolation last weekend when 1,600 positive for coronavirus were detected in eleven autonomous communities among 4,000 boys who had come to the island in the first three weeks of June.

Judge Sonia Martn only endorses the confinement of those people who have tested positive for coronavirus practiced since last weekend. That is, 68 of the young people affected, according to the latest data from the autonomous government. Of them, 14 have been hospitalized with mild symptoms.

According to the court decision, the rest of those who have been subjected to forced isolation at the Hotel Bellver without a positive test, a total of 180should not remain in isolation as the Balearic government did not prove that they had close contact with those infected with coronavirus when the resolution that confined them was issued.

That includes both those who have tested negative and those who refused to take a test on the grounds that they had not been shown to have had close contact.

They are scheduled to leave the hotel in the next few hours.

The students have reacted with euphoria to the news, which they have learned in their rooms. Inside the hotel they applauded and cheered the judicial decision shouting “freedom”. “Justice is done”, they repeat with joy.

At the doors of the hotel, the parents who have traveled to Mallorca these days have also shown their satisfaction and have continued to charge against the Government. “This has been an outrage,” said Arancha de la Fuente, one of the mothers of a group of 28 young people from Andalusia. They maintain that the Executive made their children pay for the uncontrolled study trips of young people who were previously on the island. “The management has been regrettable.”

The judicial resolution considers that the isolation measure was not sufficiently motivated or justified in detail by the Government, something that the Court requires by affecting the confinement of a fundamental right.

In her order, the judge concludes that the measure is not proportionate for many of the cases and that the Government’s justifications were “generic” when considering some of those affected as “close contacts” with positives. “It has not been proven who are the close contacts of the positives with a specific and determined criterion”, set the car.

In many cases, he says, “the link between them has not been established or why they are considered to be close contacts.” The Court considers that not enough “a potential diagnosis of infection” to keep them confined.

He gives as an example that the Government would use as an argument that positive young people who are already in other autonomous communities participated in activities that confined young people did not attend.

This decision will lead young people to regain their freedom of movement. A fundamental right on whose protection the judge of Palma pronounces in her resolution. “The restriction of a fundamental right must be limited to what is necessary” and “a potential diagnosis” is not enough but a “certain or very probable diagnosis”.

ARGUMENTS

The magistrate, who has followed the line set by the Prosecutor, assures that both she and the Public Prosecutor’s Office are not “oblivious to the fact that we are facing a global health crisis that is producing many personal misfortunes.” But put before “in a State of Law, the safeguarding of fundamental rights must be the standard that should guide us all”. And that the restrictions must be “proportionate, necessary, appropriate and subject to judicial control.”

To shore up its decision, it has relied on a recent ruling from the Supreme Court in which the maintenance of exceptional measures in the Canary Islands after the state of alarm waned was analyzed, as well as resolutions from the Superior Court of Justice of the Balearic Islands.

The magistrate supports the Government’s decision to confine the positive and asks the health authorities to every 5 of the reports the state of each of the young people who remain isolated.

Although it can be appealed before the Superior Court of Justice, the legal sources consulted by this newspaper suggest that the decision of the magistrate is executive, so the confinement measure automatically lapses.

A ‘BUBBLE BOAT’

The Balearic Government has announced that it is working to organize tomorrow the transfer of students to the peninsula on a boat reserved for them. You want to maintain a bubble group in this way and be able to ensure that they do not come into contact with other passengers.

The regional government’s plan is to charter a ferry and, once in the port of destination, each community takes care of going to collect them and transfer them to their places of origin.

That is the option that families will be transferred if they do not want to continue with the quarantine in the specialized hotel for it. The transfer will take place tomorrow morning in buses that will leave the same hotel to go to the port of Palma, a short distance from the hotel.

In addition to confined students, there are still 16 who are still on the run. Some took advantage of the initial chaos to evade controls and isolation. Two others came to leave the hotel facilities last night defying the security guards and circumventing the controls.

The Government has charged against the judicial decision. The Balearic Vice President, Juan Pedro Yllanes (United We Can) believes that the decision “endangers the entire health policy that has been established, not only the Government, but also the central Government.”


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