ERBN – Publico, a Portuguese mainstream news paper, has confirmed that the Lisbon Court of Appeal has in fact ruled that the detaining of anyone by health authorities is illegal in Portugal. The ruling came after 4 German tourists were forced to stay in their hotel rooms upon arrival in the country in August, because allegedly 1 of the tourists tested positive for COVID-19.
“In view of the Constitution and the Law, health authorities do not have the power or legitimacy to deprive anyone of their freedom – even if under the label of ‘confinement’ [or quarantine], which effectively is a form of detention – since such a decision can only be determined or validated by a judicial authority. The power to validate such deprivation of liberty is vested exclusively in the autonomous judicial branch,” explained the court’s ruling.
The court magistrates who signed the ruling went even further and affirmed that any person or entity that issues an order of deprivation of physical freedom, regardless of calling it confinement, isolation, quarantine or prophylactic measures “is not supported” by legal provisions. Specifically, the provisions in article 27 of the Portuguese Constitution. Any such person or entity “will be carrying out an illegal detention because it will have been ordered by an incompetent entity and because it is motivated by a fact for which the law does not allow it.”
The Lisbon court does not deem the so-called “pandemic” a valid reason to take away the freedom of people, for both Portuguese nationals and foreigners.
Publico also confirmed that the same court has stated that a PCR test does not seem to be a reliable way of confirming a SARS-CoV-2 infection.
Judges Margarida Ramos de Almeida and Ana Paramés wrote that “in view of the current scientific evidence, this test is, in itself, unable to determine, beyond reasonable doubt, whether a ‘positive result’ corresponds, in fact, with a [SARS-CoV-2] infection in a person.”
The ruling, signed by the 2 judges, is part of the court cases that were filed by the 4 German tourists.