A German court in a landmark ruling has declared that COVID-19 lockdowns imposed by the government are unconstitutional.
Thuringia’s spring lockdown was a “catastrophically wrong political decision with dramatic consequences for almost all areas of people’s lives,” the court said, justifying its decision.
A German district court has declared that strict lockdown imposed by the government of the central state of Thuringia last spring are unconstitutional, as it acquitted a person accused of violating it.
The case was regarding a man violating strict German lockdown rules by celebrating a birthday with his friends.
The district court in the city of Weimar did not just acquit the defendant but also stated that the authorities themselves breached Germany’s basic law.
Thuringia’s spring lockdown was a “catastrophically wrong political decision with dramatic consequences for almost all areas of people’s lives,” the court said, justifying its decision.
It was this regulation that a local man violated by hosting a party attended by his seven friends.
However, the judge said that the regional government itself violated the “inviolably guaranteed human dignity” secured by Article 1 of the German basic law in the first place by imposing such restrictions.
According to the court, the government lacked sufficient legal grounds to impose the restrictions since there was no “epidemic situation of national importance” at that time and the health system was at no risk of collapsing as the Robert Koch Institute reported that the Covid-19 reproduction number had fallen below 1.
The judge also ruled that the regional government had no right to introduce such far-reaching measures at all since it was up to lawmakers to do so.
The lockdown imposed in Thuringia represented “the most comprehensive and far-reaching restrictions on fundamental rights in the history of the Federal Republic,” the court said while calling the measures an attack on the “foundations of our society” that was “disproportionate.”
Earlier, an American federal judge ruled coronavirus restrictions in Pennsylvania as unconstitutional.
Pennsylvania Governor Tom Wolf’s pandemic restrictions that required people to stay at home, placed size limits on gatherings and ordered “non-life-sustaining” businesses to shut down are unconstitutional, U.S. District Judge William Stickman IV ruled.
Last year as GreatGameIndia reported, a Portuguese appeals court had ruled that PCR tests are unreliable and that it is unlawful to quarantine people based solely on a PCR test.
And only recently, the World Health Organization (WHO) changed its PCR test criteria to cover-up false positives and cautioned experts not to rely solely on the results of a PCR test to detect the coronavirus.
Reference: Greatgameindia.com