Depriving an individual of freedom is a crime in the law of all democratic countries.
“Habeas corpus” is a recourse in law. Through that a person can report an unlawful detention or imprisonment to a court.
The practice of medicine without a license is a crime. It is important to understand that diagnosing a disease is medical practice.
This is even more true when the diagnosis has medico-legal consequences for a citizen.
Only doctors can diagnose diseases. Law sets limits to doctors, too. A doctor cannot diagnose a diseases without proper examination and proper testing.
Portugal is a country member of the EU.
A Portuguese Court in Habeas Corpus case – PROCESSO N.º 1783/20.7T8PDL.L1-3 – ruled the limits of covid PCR testing,
It also ruled the legal limits of restriction of freedom and medical practice. (Process in Portuguese is judicial process, court case)
The facts: four persons arrived from Germany 08/01/2020 to the Island of São Miguel. All the four persons were resident in Germany. At arrival they presented negative Covid19 test. 08/07/2020 they got tested again. 08/08/2020 one of the applicants came out as positive in the test. This applicant moved to another facility.
Then there was a decision for quarantine from health authorities. Basing on Court paper the four persons after two weeks in quarantine showed no symptoms. The four persons rescheduled their flights. 08/24/2020 the same person tested again positive. The staff of the hotel told them that all the four of them must remain in their rooms. You can read more about the facts in the court case report, available online.
The Court decided of granting no appeal and demanded the immediate release of the four people.
In this Court decision there are several important statements. They outline important facts about the PCR-test and about medical practice.
These are:
Prescription and diagnosis are medical acts, under the exclusive responsibility of a doctor. registered in the Order of Doctors.
Law, Resolution, Decree, Regulation or any other normative way cannot prescribe diagnostic methods.
They cannot diagnose the existence of disease. These acts are under Portugal’s legal system an exclusive competence of a doctor. Informed consent is obligatory. ‘
These are rules in force more or less in all free democratic countries. Not only Portugal.
About PCR test the Court outlines:
PCR-test is unable to determine, beyond reasonable doubt, that positivity corresponds to infection.
Because the reliability depend on the number of cycles that make up the test. For this reliability depend on the amount of viral load present.
In our opinion: this Court decision is a precedent for legal action from all those who faced similar events.
The Court mentions as scientific background this article published in Lancet.
False-positive COVID-19 results: hidden problems and costs
https://www.thelancet.com/action/showPdf?pii=S2213-2600%2820%2930453-7
In our opinion those whose freedom faces restriction on the basis of:
1. Only the PCR test
2. Without a proper medical examination
3. Without a doctor’s clinical evaluation of the existence of infection (not only positivity!)
Can start legal action against the improper decisions made for restricting their freedom.
Link to Court decision:
https://crlisboa.org/wp/juris/processo-n-o1783-20-7t8pdl-l1-3/
Link to raw English translation.
https://theinvestigationteam.com/process-1783-20-7t8pdl-l1-3-lisbon-court-case-english/
The Team
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