Quarantine Breakers: Criminals Or Victims Of Unjust Laws?

Breaking quarantine is a punishable offence under Article 84 of the Uniform Code of Military Justice (UCMJ). In the case of the COVID-19 pandemic, the U.S. military has charged several service members with violating Article 84, which carries a maximum penalty of six months' confinement, a reduction in rank, and a bad conduct discharge. In the Philippines, the government has imposed a lockdown quarantine, with police and military forces mobilized to enforce it. Those who violate the lockdown measures face penalties such as fines and jail time.

Breaking quarantine in the military

The prosecution must prove the following:

• A person ordered the accused into medical quarantine.
• The person who gave the order was authorised to do so.
• The accused was aware of the quarantine and its limits.
• The accused exceeded the limits of the medical quarantine before being released by the proper authority.
• The quarantine was in response to a quarantinable communicable disease.

The maximum punishment for a conviction under Article 84 is a Bad Conduct Discharge, 2/3 pay for six months, six months confinement, and a reduction in rank to E-1. If a quarantinable communicable disease is involved, the punishment is more severe: a dishonourable discharge, total forfeiture of pay and allowances, one year of confinement, and a reduction in rank to E-1.

The legality of breaking quarantine

In the US, the Uniform Code of Military Justice (UCMJ) has an article dedicated to the breach of medical quarantine. Article 84 of the UCMJ states that a breach of medical quarantine occurs when a service member was ordered into medical quarantine by an authorized person, the accused was aware of the quarantine and its limits, and the accused went beyond these limits before being released by the proper authority. The maximum punishment for breaking medical quarantine without permission includes 6 months of confinement and forfeiture of 2/3 of pay every month for 6 months.

In the Philippines, police and military forces were mobilized to enforce a community quarantine in March 2020. This mobilization was seen as an imposition of martial law by some, with soldiers carrying assault rifles and setting up checkpoints. While the government did not formally declare martial law, the deployment of the state's apparatus of violence took precedence over the mobilization of medical and social resources.

In Argentina, individuals who break quarantine can be arrested and are expected to face legal consequences. However, there have been instances where women have avoided arrest or received lenient treatment due to the intervention of male bystanders or "white knights."

In India, individuals who break quarantine can be physically punished by the police, who are authorized to use force to ensure compliance.

Overall, the legality of breaking quarantine depends on the specific laws and regulations in place in each country or region. It is important to follow the guidelines and restrictions put in place by local authorities to avoid legal consequences and to protect public health.

Police brutality during quarantine

Police brutality is the use of excessive or unwarranted force by law enforcement against civilians. This can include physical or psychological harm, beatings, killing, intimidation tactics, racist abuse, and torture. During the COVID-19 pandemic, police brutality has been observed in several countries, including the Philippines, Brazil, and the United States.

In the Philippines, the government mobilized police and military forces to enforce a community quarantine in Metro Manila in March 2020. This mobilization was characterized by a heavy-handed approach, with soldiers setting up checkpoints with assault rifles and reports of sexual harassment and violent arrests. President Duterte threatened warrantless arrests and even shot residents for purportedly breaking lockdown. The deployment of the state's apparatus of violence has been criticized as an imposition of martial law, prioritizing peace and order over public health.

Similarly, in Brazil, the states of São Paulo and Rio de Janeiro recorded increases in the number of killings by police during the early months of the COVID-19 pandemic, even as crime rates plunged. In São Paulo, police killings rose by 30% compared to the same period in 2019, with approximately one person killed every 7.5 hours. In Rio de Janeiro, the number of deaths at the hands of police put them on pace to match or exceed their deadliest year on record. This rise in police violence occurred despite a Supreme Court order for police to halt operations in favelas due to concerns of spreading the virus.

In the United States, a UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions criticized the excessive use of force by law enforcement during the COVID-19 quarantine. She highlighted the dangers of over-reliance on law enforcement and noted that countries with a history of law enforcement abuses, such as the Philippines, may see emboldened acts of excessive force during states of emergency. The issue of police brutality in the US gained further attention following the murder of George Floyd in May 2020, sparking widespread protests and a surge in support for the Black Lives Matter movement.

Overall, the COVID-19 pandemic has brought to light instances of police brutality and the excessive use of force in several countries. The imposition of quarantine measures and states of emergency has, in some cases, led to a disproportionate response by law enforcement, resulting in violence and human rights abuses.

The ineffectiveness of quarantine enforcement

The COVID-19 pandemic has brought about a new set of challenges for governments and health authorities worldwide. One of the most debated strategies to curb the spread of the virus has been the implementation of quarantines and lockdowns. While these measures aim to restrict the movement of people and reduce social contact, their effectiveness relies heavily on public compliance. However, the enforcement of these measures has proven difficult and, in some cases, controversial.

In the early stages of the pandemic, countries such as the Philippines resorted to deploying police and military forces to enforce community quarantines. This approach was heavily criticized by anarchists, who argued that the state prioritized the use of force over the mobilization of medical and social resources. They pointed out instances of excessive force, sexual harassment, and arbitrary arrests by law enforcement officers. Moreover, they questioned the effectiveness of such measures, noting that soldiers and police officers are trained in violence rather than empathy or caregiving.

The enforcement of quarantines has also been challenging due to the lack of clear and consistent protocols. In Argentina, for example, a woman was arrested for breaking quarantine, but the incident escalated as bystanders insulted the police and interfered with the arrest. The situation highlights the complexities of enforcing quarantines, especially in densely populated areas where social distancing is difficult to maintain.

The legal consequences of breaking quarantine vary across different jurisdictions. In the United States, the Uniform Code of Military Justice (UCMJ) includes Article 84, which addresses the breach of medical quarantine. This article outlines the penalties for service members who violate quarantine orders. However, the successful prosecution of such cases requires proving several elements, including the authority to issue the quarantine and the accused's knowledge of the quarantine limits.

The COVID-19 pandemic has undoubtedly posed unprecedented challenges to governments and societies worldwide. While quarantines and lockdowns can be effective in slowing the spread of the virus, their enforcement has proven difficult and controversial. The use of heavy-handed tactics by law enforcement and the lack of clear protocols have hindered the effectiveness of these measures. As the pandemic continues to evolve, finding a balance between public health measures and individual freedoms remains a complex and ongoing challenge.

The consequences of breaking quarantine

Breaking quarantine can have serious consequences, and these differ depending on the country and context in which the offence takes place.

In the US, breaking quarantine is a breach of the Uniform Code of Military Justice (UCMJ). The maximum punishment for a service member found to have broken quarantine is six months of confinement and a reduction in pay. The UCMJ defines a breach of medical quarantine as occurring when an individual, who has been ordered into quarantine by an authorised person, knowingly breaks the limits of the quarantine before being released by the proper authority.

In the Philippines, the consequences of breaking quarantine have been more severe. In March 2020, police and military forces were mobilised to enforce a community quarantine in Metro Manila. This mobilisation was later extended to the whole island of Luzon, a population of 53 million people. During this time, there have been reports of police brutality, including sexual harassment and the caging of alleged lockdown violators. In one instance, a homeless woman was violently arrested for being outside during curfew hours.

In Argentina, breaking quarantine is also a serious offence. In the city of Rosario, a woman was arrested for breaking quarantine, and those who insulted the police and tried to prevent her arrest were shot with bean bag rounds.

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