The verdict, delivered on Nov. 11, 2020, followed an appeal against a writ of habeas corpus filed by four German holidaymakers to the Azores against the Azores Regional Health Authority. The health authority had been appealing a ruling from a lower court that favored the tourists, who claimed that they were illegally confined to a hotel without their consent, in compliance with the required 14-day isolation period for new arrivals to the Azores.
The 34-page ruling by the Lisbon Appeal Court reaffirmed the earlier decision of the courts that the four German tourists were "illegally confined" to a hotel in the Azores. The tourists were ordered to stay in the hotel after one of them tested positive for COVID-19 using a PCR test. The other three were labeled as close contacts and therefore were made to quarantine as well. (Related: PCR testing a fraud: Government uses faulty testing to amplify COVID case numbers.)
The appeals court further ruled that only a doctor can "diagnose" someone with a disease and were critical of the fact that the four tourists were never assessed by one. The court was also scathing about the reliability of the PCR test.
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.”
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The Portuguese court noted that the two most important reasons for questioning the reliability of COVID-19 tests 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."
There is a discrepancy around the world regarding the "cycle threshold" for PCR tests, or the number of amplifications that are performed. Each cycle exponentially increases the amount of viral DNA in the sample.
This number in most American and European labs is 35to 40 cycles, but experts have claimed that even 35 cycles is far too many and that a more reasonable protocol would call for 25 to 30 cycles.
The Portuguese judges cited a study conducted by “some of the leading European and world specialists,” which was published by Oxford Academic. It showed that if someone tested positive for COVID-19 at a cycle threshold of 35 or higher, the chances of that person actually being infected is less than three percent, and that “the probability of… receiving a false positive is 97 percent or higher.”
While the judges in this case admitted that the cycle threshold used in Portuguese labs was unknown, they took this as further proof that the detention of the tourists was unlawful. The implication was that the results could not be trusted.
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