OPINION: Lack of common sense or birth of police state?

Is it illegal to take the  dog to relieve itself during curfew? And the garbage?

Panamanians have had to adopt a culture of secrecy to carry out fundamental tasks of social life so that they do not conflict with the interpretation of the health authorities or agents of the security forces.

The general principle that governs a democratic society, accompanied by a rule of law, is that individuals are free to do anything, except that which is expressly prohibited by law.

In the case of officials, their behavior is limited to what is explicitly authorized by law. They are responsible not only in case they violate the law, but also for breaching or exceeding their obligations.

The government of President Laurentino Cortizo decided to confront the pandemic by invoking a “state of emergency”, based on Article 79 of the Public Procurement Law, and accompanied that declaration with the application of restrictive measures on freedom of transit and assembly, invoking powers of the Sanitary Code.

The legal weakness of the State’s approach is that civil liberties have been suspended using health and public procurement regulations. Article 55 of the Constitution establishes the declaration of the “state of emergency”, which does allow the suspension of citizen rights. From this situation the other arbitrariness arises.

On April 6 of this year, the Ministry of Health (Minsa) issued Resolution 369 to allow people with Autism Spectrum Disorder (ASD) to go out 45 minutes each day at a specific time. At 1:34 pm on March 27, also this year, the Minsa reported on Twitter that pets could be removed from the perimeter of the homes during the authorized departure time according to the last number of the ID. They said nothing about the other days that there is no authorized exit. Should it be assumed that the dog will not go out for 2 days to relieve itself? Such nonsense cannot bear an analysis of common sense.

It is the fact that a police or other public security officer must interpret whether or not the curfew is being violated that makes the pandemic the foundation of a “police state”.

Panamanians and foreigners are totally uncertain about our rights and freedoms amidst the curfew. It is absurd to think that ministries will have time to regulate each situation. Therefore, individuals can do anything that is not explicitly prohibited by law, including taking the dog out during curfew.- Rodrigo Noriega, LA PRENSA