‘Freedom’ over science: Madrid court kicks out coronavirus lockdown rules to protect people’s ‘rights’

Madrid's top regional court has overturned a partial lockdown order to confine millions of “madrilenos” as a political row raged over imposing restrictions to try to slow the soaring infection rate in Europe's Covid-19 hotspot.  

The regional supreme court rejected restrictions imposed at the weekend on the capital and nine nearby towns after the number of coronavirus cases in the Spanish capital  reached 741 cases per 100,000 people in the past 14 days compared with 257 per 100,000 in the rest of Spain – in itself the highest rate in the European Union.  

In a statement, the court said it had “denied the ratification (of the measures) on grounds they impacted on the rights and fundamental freedoms” of the 4.7 million residents affected by the closure which went into force late on Friday night.  

The court said the restrictions breached the right to free movement which is enshrined in the Spanish constitution.  

It is the latest stage in a bitter political row between Spain's left-wing coalition government and Madrid's conservative regional authorities which opposed the lockdown claiming it would wreck the capital's already fragile economy.  

Pedro Sánchez, the Spanish prime minister, said: “The government has always tried to defend the public health. Our decisions have been based on scientific advice. We are going to analyse the ruling today and tomorrow we will meet with the Covid-19 group and we will see what route to take.”

“We think the cases of coronavirus are worrying and we have to put all the instruments on the table.”  

For two weeks, both the left-wing government and conservative regional authorities disagreed publicly about what measures should be taken to try to flatten the curve in  Madrid after the contagion rate in the Spanish capital accounted for at least a third of all Spain's Covid-19 cases.  

Spain has reported 835,901 coronavirus cases and 32,486 deaths since the start of the pandemic, health authorities said.  

Meanwhile, as the politicians bickered, scientific groups representing 170,000 health workers urged Spain's politicians to base their response to the pandemic on science not politics.  

The 10-point manifesto was backed by 55 scientific societies and was accompanied by a manifesto which was signed by 89,000 people by Thursday.  

After Thursday's ruling, Isabel Díaz Ayuso, the conservative Madrid regional president, called for new talks with the government to come up with regulations which are “clearer, easier to understand and all the authorities can abide by”.  

“We ask people once again not to leave Madrid and to follow all the health recommendations especially in the next few days given that there is a long weekend,” she told a press conference.

Many Madrid residents normally leave the city this weekend because there is a public holiday on Monday to celebrate National Day.  

Jose Luis Martínez-Almeida, the mayor of Madrid, appealed to residents not to make unnecessary journeys, calling on the two sides to resolve the political row to save lives.  

“This cannot happen again as a consequence of the fact the authorities cannot agree. The pandemic will carry on but we cannot continue with this judicial insecurity,” he said.  

When the government brought in restrictions last week, it sparked an angry response from Ms Ayuso who at first said she would not obey the measures then later backed down.  

“Madrid is not in rebellion,” she said, before promising to take legal action to try to stop the government closing down the Spanish capital.  

Thursday's ruling threw into doubt what restrictions residents would face as local police must abide by the regional court but national police can still maintain roadblocks.  

When restrictions were imposed last weekend, it meant residents could not leave the city limits except for work, school, shopping or medical reasons.  

Bars and restaurants had to close at 10pm instead of 1a.m. - just when most people go out for a drink or to eat. Meetings or gatherings were limited to six people.  

Apart from Madrid, other cities which were affected were Alcalá, Alcobendas, Alcorcón, Fuenlabrada, Getafe, Leganés, Mostoles, Parla and Torrejón.  

In all, about 4.7 million people were subjected to the partial lockdown.  

Sixty police road blocks were put in place to check on movements but there was little sign the lockdown had made any difference to madrileños' behaviour.

After the latest legal turnabout, there was confusion and anger on the streets.  

“First they can't agree what they are going to do, then they bring in these restrictions, then they say they are not legal. It is chaos!,” said Begona Valencia, an advertising executive, who lives in Chamberi, northern Madrid.

Others said the ruling was correct in law but might mean the central government would have to bring in a partial state of alarm to enforce new restrictions on movement.  

Guillermo Rocafort, a lawyer and author, told The Independent: “The court ruling was right in law. The government cannot infringe rights which are protected by the constitution. If it did that we would be in a dictatorship, not a democracy.”  

Mr Rocafort said one option would be for the government to ask the Spanish parliament to impose a partial state of emergency for Madrid which would be legally correct.  

Last month, localised restrictions were imposed in nine, mostly poor areas of Madrid with high infection rates.

However, it prompted protests and clashes with police.  

Many workers felt segregated, victimised and worried that their jobs would be at risk.  

“You want me to travel from my home in Vallecas to the centre of the city to wait on tables for you but then I have to face restrictions when I go home, said Silivia Andreas, a waitress, who lives in Vallecas, one of the areas under the original restrictions.  

"Many people who live in Vallecas like me work by the day and may lose their jobs if they have to isolate because of the virus.”