Further, the ruling suggested that any forced quarantine applied to healthy people could be a violation of their fundamental right to liberty.
Most importantly, the judges ruled that a single positive PCR test cannot be used as an effective diagnosis of infection.
The specifics of the case concern four tourists entering the country from Germany – all of whom are anonymous in the transcript of the case – who were quarantined by the regional health authority. Of the four, only one had tested positive for the virus, whilst the other three were deemed simply of “high infection risk” based on proximity to the positive individual. All four had, in the previous 72 hours, tested negative for the virus before departing from Germany.
In their ruling, judges Margarida Ramos de Almeida and Ana Paramés referred to several scientific studies.
Most notably this study by Jaafar et al., which found that – when running PCR tests with 35 cycles or more – the accuracy dropped to 3%, meaning up to 97% of positive results could be false positives.
The ruling goes on to conclude that, based on the science they read, any PCR test using over 25 cycles is totally unreliable.