Madrid court REJECTS government orders to lockdown the Spanish capital – preventing cops from issuing fines: Coronavirus measures ‘impacted on fundamental freedoms’, judge rules

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Image by J Garget from Pixabay

A court in Madrid has rejected strict new lockdown laws imposed on the Spanish capital by the government last week to stem the spread of coronavirus. 

The Health Ministry banned 4.8 million people in the city from leaving their local areas except for essential business on Friday.

But regional government chief Isabel Diaz Ayuso opposed the order, saying it would ravage the region’s economy, and that the ministry had no power to impose such curbs.

The Madrid regional court sided with her in its ruling, calling the restrictions an ‘interference by public authorities in citizens’ fundamental rights without the legal mandate to support it.’

People queue for a rapid antigen test for COVID-19 in the southern neighbourhood of Vallecas in Madrid, Spain, last Thursday - the day before the quashed government's restrictions on movement came into force

People queue for a rapid antigen test for COVID-19 in the southern neighbourhood of Vallecas in Madrid, Spain, last Thursday – the day before the quashed government’s restrictions on movement came into force Spanish Prime Minister Pedro Sanchez (left) speaks during the bilateral press conference with Regional President of Madrid Isabel Diaz Ayuso (right) following a meeting in Madrid last month

Spanish Prime Minister Pedro Sanchez (left) speaks during the bilateral press conference with Regional President of Madrid Isabel Diaz Ayuso (right) following a meeting in Madrid last monthR-RATE: The R-rate in Madrid is below 1.00 at 0.91 - this means that infections are not multiplying

R-RATE: The R-rate in Madrid is below 1.00 at 0.91 – this means that infections are not multiplyingINFECTIONS: A graph showing the first and second waves of outbreak in Madrid - it should be noted that the higher number of cases does not correlate with more deaths because the capacity for testing is now much greater

INFECTIONS: A graph showing the first and second waves of outbreak in Madrid – it should be noted that the higher number of cases does not correlate with more deaths because the capacity for testing is now much greater

The ruling means that police won’t be able to fine people for leaving their municipalities without a justification.

However, it has added to confusion over whether residents of Madrid can travel to other parts of Spain for this weekend’s national holiday celebrations. 

Other restrictions not affected by the ruling include a six-person cap on gatherings and limits to restaurant, bar and shop capacity and opening hours. 

Madrid has been at the centre of a political impasse between Spain’s national and regional authorities that has irked many people, who see more partisan strategy taking place than real action against the pandemic.

The two sides were meeting later Thursday.

The region has a 14-day infection rate of 591 coronavirus cases per 100,000 residents, more than twice Spain’s national average of 257 and five times the European average rate of 113 for the week ending September 27. 

However, the R-rate for Madrid – that is the rate of infection – remains below the crucial figure of 1.00 and stands at 0.91 today after it rose to more than 1.50 in July.

A figure higher than 1.00 means that infections are multiplying.

In an initial reaction from the government – which can appeal the ruling – Health Minister Salvador Illa said he had not yet had time to study it. 

‘We will take the legal decisions that best protect health. We are sure that the Community of Madrid will agree with this approach. We do not care much about anything but citizens’ health,’ he told a parliamentary committee without specifying further.   

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