Last months and weeks turned upside down the world as we know it. Thousands of people already lost their lives as the result of the COVID-19 pandemic, many more are struggling with the disease, we all live in fear for health – our relatives’ and ours. Inevitable economic crisis will strike everyone, we will face multitudes of unemployed, many will fall into extreme poverty. We enter this new reality with fear, remembering the not so distant history, especially of the economic crisis in the 30’s decade of last century, which became the breeding ground for populism and nationalism resulting in the great tragedy of World War II.
These experiences gave us a lesson of the need for international collaboration and solidarity and of the key role of democracy, separation of powers and human rights.
We are greatly concerned observing restrictions on human rights in almost all European Countries. The greatest threat for democratic order in Europe is posed, in particular, by the recent events in Hungary, where unrestricted powers of ruling by decree were given to the government, without any deadline, without any further parliamentary control. New crimes targeting mainly journalists were defined, violating the citizen’s right to the information (contrary to the art. 10 of the European Convention of Human Rights).
We also object the actions of Polish government which, pushing to presidential elections on May 10th, 2020, put at risk the health and life of millions of Polish citizens for the political interest of the ruling party. Simultaneously, new chaotic laws significantly limiting the citizens’ rights and freedoms are being introduced.
MEDEL reminds that albeit the obvious need of introducing extraordinary measures during the pandemic, these measures shall be proportionate and time limited. Citizens are entitled to fundamental rights protection even – and especially – in case of an emergency. These rights may only be restricted in the interest of averting a threat and must cease the moment that threat is over. As art. 15 of the European Convention of Human Rights states, in time of emergency threatening life of the nation, the High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
In no time as in an emergency period is the role of independent courts essential to protect citizens’ fundamental rights and freedoms against any kind of abuse.
MEDEL calls on European institutions – especially the Council of Europe and the European Commission – to exercise an even more attentive monitoring of the level of protection of human rights in European Countries.
MEDEL also calls the entire European legal community, including human rights organisations, associations of lawyers and magistrates and academics, to serve people suffering from violation of their human rights and to alert on all abuses of authorities who take advantage of the pandemic.
April 6th, 2020
Source: medelnet.eu