Four German holidaymakers who were illegally quarantined in Portugal after one was judged to be positive for Covid-19 have won their case, in a verdict that condemns the widely-used PCR test as being up to 97-percent unreliable.
Earlier this month, Portuguese judges upheld a decision from a lower court that found the forced quarantine of four holidaymakers to be unlawful. The case centred on the reliability (or lack thereof) of Covid-19 PCR tests.
The verdict, delivered on November 11, followed an appeal against a writ of habeas corpus filed by four Germans against the Azores Regional Health Authority. This body had been appealing a ruling from a lower court which had found in favour of the tourists, who claimed that they were illegally confined to a hotel without their consent. The tourists were ordered to stay in the hotel over the summer after one of them tested positive for coronavirus in a PCR test – the other three were labelled close contacts and therefore made to quarantine as well.
Unreliable, with a strong chance of false positives
The deliberation of the Lisbon Appeal Court is comprehensive and fascinating. It ruled that the Azores Regional Health Authority had violated both Portuguese and international law by confining the Germans to the hotel. The judges also said that only a doctor can “diagnose” someone with a disease, and were critical of the fact that they were apparently never assessed by one.
They were also scathing about the reliability of the PCR (polymerase chain reaction) test, the most commonly used check for Covid.
The conclusion of their 34-page ruling included the following: “In view of current scientific evidence, this test shows itself to be unable to determine beyond reasonable doubt that such positivity corresponds, in fact, to the infection of a person by the SARS-CoV-2 virus.”
In the eyes of this court, then, a positive test does not correspond to a Covid case. The two most important reasons for this, said the judges, are that, “the test’s reliability depends on the number of cycles used’’ and that “the test’s reliability depends on the viral load present.’’ In other words, there are simply too many unknowns surrounding PCR testing.