Filenews 12 May 2021 - by Nikoleta Kourousi
A significant development took place today before the court in relation to a case concerning violations of decrees issued under the Infectious Diseases Act. In particular, a citizen accused of participating in a demonstration and gathering and encouraging citizens for violating the Infectious Diseases Act was acquitted of the charges he was facing.
As the defendant's lawyer and defence lawyer, Savvas Savvides, told Associated News, as part of the process to decide whether or not there is a prima facie case, the Prosecution Authority side presented itself to the court and said that the case for the accused would be dropped, at the behest of the Attorney General, at which point the citizen was acquitted of the charges.
"We certainly consider the decision to discharge our client to be very correct. As lawyers, we are always next to the citizen, who is being prosecuted unjustly. Citizens' demand is the abolition of all illegal and unconstitutional decrees," said Mr Savvides.
It is noted that lawyer Savvas Savvides accepted the decision to release his client from the charges, but asked the court to rule on the question of the constitutionality or otherwise of the decree prohibiting gatherings/demonstrations, events. The court replied to Mr Savvides that since there is no case, it cannot proceed with its own on the question of constitutionality.
It is recalled that this provision on the vertical and horizontal prohibition of demonstrations, events and gatherings had been challenged since January 2021, when the proceedings began, when the court reserved the right to decide after the closing of case 15/21 Police n. Konstantinidis by the prosecutors.
As we mentioned in a previous report, the citizen was accused of taking part in a motorised march on 3 January 2021, where participants held Greek and Cypriot flags and shouted against illegal measures. implemented in the context of the coronavirus epidemic.
The defence counsel argued that the decree is illegal and unconstitutional, as it is contrary to both fundamental constitutional provisions and protected rights by European law and the legal order (freedom of movement and residence, freedom of thought and conscience, freedom of speech, right to assembly peacefully,) protected rights by the ECHR, the EU Treaty and the EU Charter of Fundamental Rights.
It was further argued that that decree grossly infringes the principle of proportionality, as it is absolute and unjustified. He also stressed that in the case of the accused the principles of equality and equality are being violated, as he is the only one prosecuted for a practically dead and unworkable provision, since, after 3 January, there were still 20 - 30 events, demonstrations and marches by parties and other organised and non-organised groups, without any prosecution of participants.
The constitutionality of Article 7 of the Infectious Diseases Act, which provides for a maximum penalty payment of 50.000 euros, has also been challenged and the court has been asked to decide whether this provision of the Law is compatible with the Constitution or not, as €50,000 as the maximum penalty for offences, such as those referred to in that law, which are in the realm of probability and are difficult scientifically and really to substantiate , since it is considered to be excessive and violates the Principle of Proportionality.
