The authorities responsible for the region of Azores, a Portuguese archipelago, imposed a mandatory quarantine of 14 days on arrival in the region, unlike the rest of the country where there is no mandatory quarantine. This region has been spared in this pandemic, with a very small number of cases - only 179 cases since the beginning of the pandemic, 144 recovered and 16 dead.

Following an appeal by the Public Prosecutor to a lower court decision, the Portuguese Constitutional Court concluded that the unilateral decision of the Azorean entities was unconstitutional.

The situation was triggered by a man residing in the Azores who, upon landing in the archipelago on a flight from Lisbon on May 10, was taken to a hotel, along with the other passengers, where they would have to stay for two weeks in prophylactic isolation, despite of not having any symptoms related to COVID-19.

The man was unable to contact anyone in person, including family, and the hotel “was subject to permanent police surveillance”. The cleaning of the room and clothes had to be done by himself, and his wife was not even given permission to take more clothes.

As for meals, they were taken up to the room “by a hotel employee, who knocked on the door, after which he left, allowing the guest to collect the meal, then collecting the cart”.

The passenger submitted a request for habeas corpus at the Ponta Delgada Court, alleging “illegal deprivation of liberty”. The court found him right, and was eventually released after six days.

For the judges of the Constitutional Court, the Azorean regional government has no competence to impose isolation and this man and the remaining passengers were treated as if they were in prison, without the right to recreation. Despite being “perhaps” a “friendlier” situation because they are in a hotel room, the counselors underline the fact that these people do not even have the right to access “a common space for physical exercise”, as it is allowed to individuals who are in jail.

In response, the President of the Azorean Government contested that it was an absurd decision and an example of anachronistic centralism. He added that he would have to accept the decision, no matter how crazy it was. But it will be the Constitutional Court responsible for allowing outbreaks of infection in the Azores, he concluded.