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Publication

JUSTICIA calls for action against disproportionate COVID-19 criminalisation

May 29, 2020
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The members of the JUSTICIA European Rights Network, a coalition of leading civil society organisations from across Europe working on promoting the right to a fair trial, issued a statement against the disproportionate use of criminalisation as part of European states' responses to the coronavirus. 

      “States have responded to the COVID-19 pandemic by extending law enforcement powers and creating new criminal offences.

       While a co-ordinated public health response is of course necessary to deal with the crisis, there is widespread evidence of the extensive use of extended law enforcement powers and new criminal offences, resulting in arrests, criminal charges and hefty fines.

       We recognise the role of law enforcement in supporting public health officials during these challenging times but there have been many reports of disproportionate and arbitrary law enforcement action, including unlawful arrests, charges and convictions. Normal oversight mechanisms have also been halted.

      Urgent action taken in haste in response to the crisis must not burden people with life-long criminal records and with fines they cannot pay during what is a time of extreme hardship for many.

      We call on all countries to urgently review all charges, convictions and fines in relation to alleged COVID-19 offences.

      We call on all countries to urgently make it possible for fines to be lifted where people cannot pay them without creating financial hardship.

      We call on all countries to ensure that any records relating to out of court sanctions for violations of COVID-19 laws are expunged from criminal records and police databases.

Read the full statement here.

 

Members of the JUSTICIA European Rights Network are: Open Society Justice Initiative, Ludwig Boltzmann Institute, Bulgarian Helsinki Committee, Croatian Law Center, Civil Rights Defenders, Res Publica, Hungarian Helsinki Committee, Greek Helsinki Monitor, Irish Council for Civil Liberties, Czech League of Human Rights, Statewatch, Human Rights Centre, KISA, Antigone, Human Rights Monitoring Institute, Netherlands Helsinki Committee, Helsinki Foundation for Human Rights, APADOR, The Peace Institute, Rights International Spain.

If you are a journalist interested in this story, please call the media team on +44 (0) 7749 785 932 or email [email protected]

Key Stats

United Kingdom

The Crown Prosecution Service (CPS) has reviewed the first 200 prosecutions under coronavirus lockdown laws, and decided to withdraw and overturn all of them on the basis that the charges were ‘incorrect’.

Romania

Fines of between 2,000 - 20,000 RON (€410- 4130) for breaking restrictions, although the average monthly salary is around 3,000 RON.

Bulgaria

1000 BGN (€510) for breaking Ministry of Health rules, 5000 BGN (€2500) for not quarantining.

Netherlands

People over 18 can be fined €390 leading to a note in their criminal record.

Italy

5,280 people have been charged with violations of the Italian Criminal Code in relation to COVID-19 «urgent measures”, with potential sentences of up to 6 years if found guilty.

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