By decision of the President of the Nicosia District Court dated 24 January 2022, a new interim application of 64 citizens of the Republic, challenging the legality of orders banning entry to indoor and outdoor areas without possession of a certificate of a comprehensive vaccination scheme, was dismissed in its entirety.
Characteristically, the Court, accepting the positions of the Attorney General, stressed that the contested measures, on the basis of the relevant Order of the Minister of Health, are intended to protect citizens as a whole, which is a supreme duty of the State, and it is not considered reasonable and possible, because a small number of citizens wish not to comply with them, to endanger the health and life of the rest of the population.
In addition, the Court emphasises in its judgment that the drastic nature of the order sought does not relate solely to the safeguarding and protection of the applicants' allegedly infringed rights or interests, but has a direct impact on the rights of the entire population, such as the consequences of failure to detect Covid-19 cases in time and failure to trace close contacts of confirmed cases, resulting in the uncontrolled spread of the disease to a large part of the population. As the Court states, 'if the order sought were to be adopted, there is a risk that the disease would remain uncontrolled, with adverse consequences for collective health.'
The Court further adds that the existing situation requires compliance with the measures as recommended by the international organisations and the group of experts who assess the epidemiological data in the Republic, which is why any relevant Decree of the Minister for Health has short-term effect, so that account is sometimes taken of the reality of the evolution or containment of Covid-19 and measures disproportionate to those necessary to contain the disease are not taken.
In conclusion, it is noted that the Court accepted the position of the Attorney General and identified procedural issues for rejection, such as the fact that the applicants were not entitled to bring a joint application and register a popular action.
The Court ordered the applicants to pay the legal costs of the application.
The Attorney General was represented before the Court by Messrs.Ms Theano Mavromoustaki, Senior Counsel of the Republic, Ms Elli Florentzou, Counsel of the Republic I, Ms Marianna Tsagari, Counsel of the Republic and Ms Penelope Charalambous, Counsel of the Republic.
(MΛ)
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