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In Correio dos Açores 20/11/20 - Conselho Superior de Magistratura desmente abertura de inquérito a juizas que confirmaram ilegalidade das quarentenas nos Açores
Lisbon Court of Appeal is of the opinion that quarantine in the Azores was “illegal detention”
Superior Council of the Judiciary denies the opening of an investigation to judges who confirmed the illegality of quarantines in the Azores
The Superior Council of the Judiciary denied yesterday in a statement that it opened an investigation to the judges Margarida Ramos de Almeida and Ana Paramés of the Lisbon Court of Appeal who appreciated an appeal by the Regional Health Authority (ARS) of the Azores on the mandatory confinement of four German tourists because of the pandemic.
Following this appeal, the Lisbon Court of Appeal confirmed the decision of the lower court regarding a request for habeas corpus [immediate release] of four Germans confined in August to the island of São Miguel after one of them was diagnosed with covid -19.
According to the Lisbon Court of Appeal, the confinement imposed by the regional health authority on the 4 German tourists, was an “illegal detention” because the health authorities do not have “power or legitimacy to deprive anyone of their freedom”.
“In view of the Constitution and the Law, health authorities do not have the power or legitimacy to deprive anyone of their freedom - even if under the label of 'confinement', which effectively corresponds to detention - since such a decision can only be determined or validated by a judicial authority, that is, the exclusive competence, in view of the Law that still governs us, to order or validate such deprivation of liberty, is entrusted exclusively to an autonomous power, to the Judiciary ”, explains the judgment of the Court of Relationship
At the end of July, the Constitutional Court had considered the mandatory 14-day confinement that the Regional Government of the Azores imposed on anyone arriving in the autonomous region to be unconstitutional.
This decision was taken after, on the 16th of May, the Ponta Delgada Court granted a request for immediate release (“habeas corpus”) made by a national citizen against the imposition of quarantine in hotels.
At that time, the Regional Government had already decided to end mandatory hotel quarantines for all passengers arriving in the Region.
Council will analyze judgment
In a communiqué dated the 18th of this month and published on its website, the Superior Council of the Judiciary states that, “in view of the controversy that arose in relation to the content of the Judgment of the Lisbon Court of Appeal”, of 11 November, “the same goes be analyzed by the CSM Plenary, which will take place on the 2nd of December ”.
According to the JN news, the magistrates "should not have taken sides - as they allegedly did - on aspects and divergences of the scientific world in relation to covid-19". The magistrates said that the RT-PCR tests to covid-19 have “a reliability that is shown, in terms of scientific evidence (and in this field, the judge will have to rely on the knowledge of the experts in the matter), more than debatable”.
Speaking to the newspaper Público, two experts stated that the magistrates read “completely wrong” scientific articles centered on RT-PCR tests and that it is “irresponsible” to question properly validated covid-19 diagnostic tools.
“PCR tests have a specificity and sensitivity greater than 95%. That is, in the overwhelming majority of cases they detect the virus that causes Covid-19, ”said Vasco Barreto, a researcher at the Center for the Study of Chronic Diseases (Cedoc) at the Faculty of Medical Sciences of the Universidade Nova de Lisboa. .
One week after the four tourists arrived in the Azores, one of the tourists fell ill and ended up being diagnosed with the disease. The regional Health Authority forced the entire group to stay in the hotel room.