The Palma courts have so far denied all habeas corpus applications submitted by parents of students who are isolated at the Covid Palma Bellver hotel due to the ‘macro outbreak’ associated with end-of-year trips from other communities to Mallorca.
Habeas corpus is a legal form through which a citizen can appear immediately before the judge so that he can determine the legality of the arrest.
As confirmed by sources from the Superior Court of Justice of the Balearic Islands (TSJIB), this Monday at least three applications have been submitted that have been rejected by the Guard Court.
In addition, this Tuesday the head of the Court of Instruction number 5 of Palma, Judge Ana San José, has denied the petition for habeas corpus presented by the father of a minor from the Community of Madrid after the macro outbreak.
In the resolution, to which EP has had access, the magistrate considers that the case of the student “cannot be framed” in the regulations governing the habeas corpus procedure because the minor “is not detained for the commission of a crime some ”but for public health reasons.
“The action of the administrative authority is within the scope of its competence and has followed the corresponding procedure for its adoption and ratification in the contentious-administrative jurisdiction,” says the order.
For this reason, the magistrate considers the petition “inadmissible” and denies the measure, although it clarifies that the father of the minor can request extremely precautionary measures in the contentious jurisdiction.
The minor traveled in a group to Mallorca and is being held in a room at the Hotel Palma Bellver by virtue of a resolution of the general director of Public Health, which ordered her forced confinement, in solitary confinement and in custody.
police, due to potential contagion as close contact.
The Palma lawyers Luis Baena and Bochiká Bitata , who signed the brief, assure in the document that when trying to interview the minors, the hotel director prevented it, justifying that the site is private property.
The petition for habeas corpus after the isolation of the children due to the macro outbreak stated that the minors had tested negative and that “they did not have any type of physical contact with the group of COVID-19 positives, since they arrived between 26 and June 27 and the positives are from 21 ”.
In addition, they affirm that the majority of minors ” have not eaten at the hotel that is holding them , or they have only been given water for breakfast” and that they have not “received medical attention when they have requested it.” “They tell us that there is a minor who states that he is going to throw himself off the balcony if they do not let him out,” added the lawyers, who asked for a “judicial intervention and control of all these arrests that are clearly arbitrary and disproportionate.”
Another request from 21 parents
This morning the parents of twenty-one confined Madrid students have filed another habeas corpus before the duty court for possible illegal detention of their children in the medicalized hotel Palma Bellver.
The families are being represented by the lawyer of the travel agency with which their children traveled. These are twenty students from the same class from the Rey Pastor de Moratalaz institute who traveled to the island within the bubble group that they have maintained throughout the year.
They arrived on the island on June 23 and spent the first days without leaving their bubble group. Upon arrival they told the parents that there were young people of German nationality who were in the hotel without complying with the sanitary measures required by the Covid.
