in-cyprus 9 March 2024
The Supreme Court of Cyprus has declared the health decrees issued by the Minister of Health, aimed at curbing the spread of COVID-19, as constitutionally lawful.
The decrees, grounded in the Infectious Disease Law and sanctioned by the Council of Ministers, have been the subject of scrutiny.
The Court’s unanimous verdict, delivered on March 4, 2024, stemmed from a citizen’s appeal challenging the constitutionality and legality of the health decrees, particularly Decree No. 12.
This specific decree had imposed restrictions including the prohibition of mass gatherings and mandated the use of face masks for individuals aged 12 and above.
The appeal argued against a District Court’s decision that had found the citizen guilty of violating these measures, resulting in a €450 fine for non-compliance.
In its assessment, the Supreme Court stressed the balance between public health concerns and individual freedoms, stating that “the possibility of restricting the rights to freely assemble and freedom of expression, despite their undeniable value and strong protection, is relativised by the Articles that secure these individual rights, allowing for such restrictions.”
The Court further clarified that these restrictions must serve as necessary measures in a democratic society, particularly for safeguarding public health.
While upholding the legality of the health decrees, the Court acquitted the citizen of charges related to participation in a protest event.
The ruling pointed out that “a series of measures allowed, under conditions, indoor activities, such as the gathering of believers in places of religious worship and the operation, among others, of gyms, cinemas, hairdressers, and tattoo centres, demonstrated a lack of consistency in applying the measures.”
The Court also noted the unique challenges posed by the pandemic, stating that “the situation had to be monitored daily, with a high level of expertise and based on current scientific knowledge. Measures had to be taken in an immediate and dynamic manner, as the pandemic dynamically threatened humanity.”
