The Prosecutor’s Office has asked the Superior Court of Justice of Catalonia (TSJC) not to authorize the return of the night curfew in the municipalities with the highest incidence and the prohibition of meetings of more than 10 people, as requested by the Government. The decision is now in the hands of the magistrates of the Administrative Litigation Chamber, who will make a decision this Wednesday.
Aragonès criticizes the Government’s measures against COVID: “They are insufficient and do not respond to gravity”
In a harsh report, the Public Ministry ugly at the Generalitat for not having sufficiently justified both restrictions in its petition to the court. “They are intense, restrictive and generalized measures, which have not been duly motivated nor are they suitable and necessary,” concludes the Prosecutor’s Office, which calls the arguments adduced by the Government “incongruous”.
The curfew of 1: 00h. at 6:00 a.m. for three of four Catalans and the prohibition of meeting more than ten people are the two limitations of fundamental rights – and therefore require judicial ratification before entering into force – that the Government agreed to try to stop the spread of the virus.
The Prosecutor’s Office recalls in its letter that the curfew and the limitation of meetings affect the fundamental rights of freedom of movement, assembly, family privacy and equality. This requires, continues the prosecutor, to assess whether the health arguments provided by the Government on the increase in the incidence or collapse of the health system “are duly motivated and are adequate and necessary.”
After analyzing the information provided by the Government, the conclusion of the Prosecutor’s Office is that epidemiological “conditions” are not met to adopt the curfew and the limitation of meetings. “Mere considerations of prudence and protection are not enough”, highlights the Public Ministry in reference to the report provided by the Generalitat.
The Public Ministry throws a direct dart at the Minister of Health, Josep Maria Argimon, for having said on Monday, at the press conference in which the restrictions were announced, that the curfew would affect municipalities with a cumulative incidence of 500 cases for each 100,000 inhabitants in the last seven days when the petition to the court finally stands at 250 cases.
Had the initial criterion of 500 cases been followed, the prosecutor abounds, cities such as Barcelona or L’Hospitalet would have been left out of the curfew petition. “This means that the health forecasts and recommendations were not to apply the curfew on Monday but today, because the alleged reports recommend it,” added the Prosecutor’s Office.
Whether or not the Justice approves both measures, from this Friday Catalonia will once again restrict the capacity of bars and restaurants, commerce and culture and will close nightlife, thus becoming the only community that returns to severe restrictions before Christmas, which It has caused a new confrontation between the Generalitat and the Government.