EC: Measures against the epidemic should be proportionate and temporary

The measures taken by European Union countries against the spread of the coronavirus and affecting human rights should be proportionate and temporary. This was explicitly announced by the European Commission (EC) at a press conference.

“Any emergency response to the COVID-19 epidemic must be proportionate and necessary in accordance with European and international human rights commitments made by States. All emergency measures must be temporary, in line with the crisis”, said a spokesman for the BTA.

According to him, states have the power to take the necessary measures to protect health and public order. However, he explicitly emphasized that democracy cannot work without honest and independent media.

“In a time of crisis, it is even more important for journalists to be able to do their jobs freely, precisely to prevent misinformation and to allow Europeans to access essential information,” the spokesman continued, adding that the commission was closely monitoring the events and supports efforts against the spread of the infection.

The EC’s opinion was provoked by a question about Hungary’s behavior, where the Victor Orbán government has demanded that the country’s state of emergency be extended indefinitely, during which the cabinet can rule through decrees. The changes in Hungary also provide for up to 5 years in prison for people who violate coronavirus measures, as well as for those who spread false information.

A similar change was envisaged in the Bulgarian Emergency Law, according to which the CC had to state that for submitting incorrect information for spreading a contagious disease, the punishment would be up to 3 years imprisonment and a fine of BGN 1,000 to 10,000. However, President Rumen Radev vetoed the text and MPs rejected the change. The current provision provides for up to 2 years imprisonment for anyone who transmits by radio, telephone or otherwise false calls or misleading signs of assistance, accident or alarm.

Justice Minister Danail Kirilov spoke last week about the restrictions on coronavirus restricting some rights. He then announced that Bulgaria would request a temporary derogation from the European Convention for the Protection of Human Rights and Fundamental Freedoms until the end of the state of emergency. According to Kirilov, the measures in Bulgaria will affect “non-fundamental rights”, after which the ministry explained that these were rights of movement and association. Kirilov explained that he had sent his letter to the Deputy Prime Minister and Foreign Minister Ekaterina Zaharieva, who would decide definitively whether Bulgaria would request a temporary derogation from the Convention, as Romania, Latvia, Armenia, Moldova, France, Greece, Georgia, Ireland, Turkey and the UK have already done.