A preventive prisoner in a prison in Ibiza (Balearic Islands) has requested his provisional release given the “exceptional circumstances” by the declaration of the state of alarm, since he alleges that the prison is going to be a “focus” of infection and that due the restriction of movements will not be able to leave the island. However, the judge has denied it.
In the brief, to which Europa Press has had access, the inmate’s lawyer, who is in prison for injuries in a fight and has no record, argues that “the situation is absolutely exceptional” and the decree that regulates the state of alarm ” it paralyzes the procedural terms “, also remaining” in quarantine “, something that supposes an” impairment of their fundamental procedural rights “.
“Everything will be delayed, slowed down and much of what has been agreed and other future steps will be pending in the coming weeks, with our client in procedural limbo, on the brink of an uncontrolled epidemic and an unknown future. The prison will be a focus of expansion with impossible possibilities to save from infection, affecting the right to health that deprivation of liberty, “says the lawyer.
The letter also states that the prisoner’s family “needs him more than ever to face the situation created and they can no longer visit him with full guarantees and in a normal way”, and recalls that “the prohibition of moving normally in his place of residence (Ibiza) is going to force him to be at home “, so” more than ever that kind of house arrest is now forced “.
However, both the Prosecutor’s Office, first, and the head of the Investigating Court number 4 of Ibiza, later, are of the opinion that there are no “new circumstances” nor can the “prisoner” allege in his brief.
The instructor recalled in his car, consulted by Europa Press, the agreements of the Permanent Commission of the General Council of the Judiciary (CGPJ) on essential services of the Administration of Justice, according to which “the suspension of procedures and procedural deadlines does not reach the procedures and actions with a detainee or any action in a case with an inmate, as well as in general with respect to any other that are urgent and cannot be postponed related to precautionary measures. “
“This determines that the present case has not undergone any suspension or that it is subject to any other exceptional circumstance that should paralyze or delay it; nor that, as could be inferred from the letter provided, the aforementioned health alert could justify by itself an automatic release of the person provisionally deprived of liberty, “stresses the judge.