On June 15, 2021, Facebook user მელქასდუკ კართაგენელი (Melkasduk Kartageneli) published a post about COVID-19, pandemic and vaccines. He claims that trials against “COVID-Fascism” are scheduled in Germany and the United States on July 3 and July 4. However, except for the dates of apparent trials, the post provides no additional information or source. The author notes in the comments section that German and U.S. media outlets have reported about the planned trials, but again, no specific sources have been provided.
In addition, Melkasduk Kartageneli claims that vaccine manufacturers are destroying 60 million doses of COVID-19 vaccines that have already been used by “hundreds of millions” of people.
The claim as if trials against “COVID-Fascism” will be held in Germany and the United States on July 3 and July 4 lacks evidence. Neither American, nor German media outlets have reported anything about large-scale trials related to the pandemic. The information about destroying vaccine doses is partly false. Johnson & Johnson had to destroy vaccine doses, citing contamination problems and declaring them not suitable for use. So, faulty vaccines were not used in the process of vaccination.
The information about apparent trials against “COVID-Fascism” scheduled in Germany and the United States on July 3 and July 4 cannot be searched through open sources. It is noteworthy that the United States marks Independence Day on July 4. Thus, July 4 as well as July 5 (since July 4 falls on Sunday) has been declared to be a national holiday. According to the information provided on the website of the U.S. District Court, court proceedings will be closed on Friday, July 2 and opened on Tuesday, July 6. Thus, a trial related to COVID-19 or any other issue cannot be scheduled in U.S. court on July 4.
A number of lawsuits challenging violations of citizens’ constitutional rights through mandatory stay at home, social distancing, restrictions on businesses and other quarantine measures have been filed in German and U.S. courts since the day of imposing restrictions on citizens’ rights and freedoms due to the coronavirus outbreak.
Prof. Dr. Holger Hestermeyer, Professor of International and EU Law at King’s College, clarifies that considering the EU legal practice, courts can authorize governments to impose quarantine restrictions if the society faces an immediate risk. In its rulings, German court mainly authorized federal and local governments to restrict constitutional rights, but simultaneously the governments had a burden to justify restrictions in a situational context. According to expert assessments, under the pandemic, which poses a huge challenge to public health and general safety, justified restriction of constitutional rights cannot be declared “unconstitutional.” On May 5, 2021, Germany’s constitutional court dismissed emergency appeals against the government’s decision to impose night curfews in areas with high COVID-19 infections.
It is also noteworthy that there were some precedents regarding the government-imposed quarantine restrictions in German judicial practice, when these restrictions were declared unconstitutional. For example, on January 20, 2021, the district court in Weimar ruled that the ban on personal contacts was unconstitutional. Moreover, the Constitutional Court of Saxony-Anhalt partially satisfied a lawsuit filed by Alternative for Germany, a German nationalist and right-wing political party, and ruled that the restrictions envisaged by the Eighth Ordinance on the Coronavirus were unconstitutional. However, the court ruling had no direct effects, because by the moment of making this decision, the Eight Ordinance had no longer been in force.
Like in Germany, thousands of lawsuits against the coronavirus-related restrictions were filed in various U.S. judicial instances in 2020 and 2021. A complete list of these lawsuits, as well as comprehensive information about court rulings is available on the web portal ballotpedia.org. Courts of various U.S. States have received numerous lawsuits targeting not generally “COVID Fascism”, but rather specific regulations adopted by federal or state governments. The U.S. judicial practice on public health issues is largely determined by the 1905 decision (Jacobson v. Massachusetts) of the Supreme Court, according to which the States have broad authorities to impose quarantine or other public health measures. As for the United States, one of the most high-profile decisions was made by the district court in Western Pennsylvania that ruled in September 2020 that some quarantine restrictions were unconstitutional. Like in Germany, neither federal nor state courts in the United States have made any decision completely banning quarantine measures. According to open source information, no such hearings are anticipated in the near future.
The false claim as if the coronavirus pandemic would be declared as “a crime against humanity” in the near future and a certain court would lift all restrictions was periodically spread during the pandemic. German lawyer Reiner Fuellmich is one of the popular sources of this disinformation. He claims that he set up an investigative commission together with thousands of lawyers and experts and will soon submit the evidence proving falseness of the pandemic to court. Fuellmich’s video addresses have been circulating on Georgian social media since October 2020. See details in Myth Detector’s article:
As for the manufacturer’s decision to destroy 60 million doses of the coronavirus vaccine, Myth Detector has already covered this issue earlier. Although Johnson & Johnson must destroy 60 million doses of its COVID-19 vaccine because they may be contaminated, it does not mean that all vaccines manufactured by the company are dangerous and millions of people received dangerous vaccines. See details in Myth Detector’s article:
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