The Prosecutor’s Office has opposite this Tuesday at forced confinement agreed by the Balearic Government for isolated students at the Palma Bellver hotel due to the Covid-19 outbreaks associated with end-of-year trips in Mallorca.
In a letter presented this Tuesday, to which Europa Press has had access, the Prosecutor’s Office has asked the Administrative Litigation Court number 3 of Palma not to ratify the resolution of the general director by which the forced confinement in solitary confinement was ordered , in police custody, of more than 200 students. The Office of the Prosecutor considers that the measures adopted by the General Directorate of Public Health «are not fully justified or proportionate in accordance with current legislation ”.
The Public Ministry clarifies that it is not questioned that young people have been able to maintain contact with positives, but points out that the resolution of the Ministry considers affected students to be suspicious of contact “in a general, presumptive and indeterminate way.”
In addition, it refers only to them when “there is no evidence” that in the establishments where it is believed that the infections occurred “only young students were staying,” he claims. “It is strange that they have not been considered suspects or contacts to other groups such as the workers of the hotel or leisure establishments or the other clients who enjoyed those hotels or places of leisure, ”argues the prosecutor.
In this sense, the Prosecutor’s Office questions that the resolution of the General Directorate “does not specify or specify in a clear or direct way” any of the students, without making references to the particular situation of each of them – such as the date of arrival, period of stay on the island, group to which it belonged, activities carried out or the hotel in which they stayed. “Namely, it is not known (…) if they actually had real contact nor with what intensity with the specific people whose confinement it is intended to ratify, ”says the Public Ministry.
The prosecutor points out that the seriousness of the situation is not questioned, but calls into question the proportionality of the measure, when “the resolution itself indicates that for the moment all the cases have been asymptomatic or mild and that none have required hospitalization.”
Finally, he criticizes that the Government order makes mention of “young students”, but without mentioning that several of them may be minors, taking into account the possible intervention of parents or legal guardians when adopting restrictive measures regarding their rights and freedoms.
249 isolated students
The Balearic Government has transferred to the Covid Palma Bellver bridge hotel a total of 249 young people from the peninsula who have had a direct or indirect relationship with the outbreak of a study trip to Mallorca, which has caused more than a thousand people affected in different autonomous communities.
The young people located in Mallorca have been transferred in an ambulance from SAMU061 and upon arrival they have undergone a PCR test. As reported by the Ministry of Health and Consumption, so far, of the 249 young people transferred, 64 have tested positive by PCR and 185 have tested negative. The positivity rate among young people is 25.7%. What’s more, 14 young people are currently admitted at the Son Espases University Hospital with mild symptoms.
The Ministry of Health carried out a massive screening upon having knowledge of the outbreak and has detected a total of 265 young people from Andalusia (214), Madrid (21), the Basque Country (18) and Galicia (12). still traveling in various hotels on the island, which could have been directly or indirectly related to the outbreak.
Currently, a total of 13 students are waiting to be transferred to the Hotel Bellver. For these students who still remain in their hotels, a control protocol has been established in collaboration with the Government Delegation so that they remain isolated in their rooms.
The Courts deny habeas corpus
On the other hand, The Courts have denied several applications for ‘habeas corpus’ presented by parents of isolated students at the Covid Palma Bellver hotel.
As confirmed by sources from the Superior Court of Justice of the Balearic Islands (TSJIB), this Monday three applications were presented that have been rejected by the Guard Court.
In addition, this Tuesday the head of the Court of Instruction number 5 of Palma, the magistrate Ana San José, has denied the request for ‘habeas corpus’ presented by the father of a minor from the Community of Madrid.