Background

Jeroen Pols asked for an emergency court hearing following the government’s decision to make a negative PCR coronavirus test result mandatory for everyone entering the country from December 29. [1]

The use of the PCR test restricted his fundamental Rights of Freedom of Travel without hindrance in and out of his home country, as this was against agreed to by the Dutch Government, the EU and the UN. [1]

Mr Pols had been on holiday with his family in Tanzania, making him one of the first to experience and challenge the new restrictions. [1]

Mr Pols is also a partner in Virus Waarheid, a Dutch Legal office that fights for fundamental freedoms formed by Lawyers Pols and Willem Engels

According to the Virus Waarheid website:

This is Virus Truth We fight for the preservation of a democratic constitutional state in which our children still have the opportunity to develop themselves in freedom and to live a life with their own beliefs and opinions. These freedoms and fundamental rights have been increasingly compromised over the past decade.

Significance

This case is a fundamentally a human rights case and it tests the Dutch government’s interest in upholding liberty and the principles it has sworn to protect, such as the freedom to travel without conditions.

It also puts into question the reliability of the PCR test to diagnose the disease covid.

Plaintiff’s Argument

Mr Pols stated in an interview with France Soir (see below): [2]

• This is a violation of the Treaty of Rome Article 2 which states the Right to Freedom of movement in and out of your own country.
• The test is also an intrusive test. Which means you have a right to refuse it.
• You cannot be forced to a medical treatment.
• A diagnosis can also only be made by a doctor and not by a test.

…More information is needed…

Relevant Prior Judgements/ Cases

…More information is needed…

Decision

• The court agreed that his family could return from Tanzania “without having to produce negative coronavirus tests” [1]
• The Judge ruled in favor of the defendant and also stated that the PCR test is not a valid indicator of illness. [1]
• The court in The Hague ruled that Pols’ family can return from the high risk country on January 3, 2021, “without a negative test and ordered the state to pay the legal costs” [1]
• The judge said the family have the right to protest about being forced to undergo a PCR test against their will. [1]

‘Introducing such a requirement for citizens of the Netherlands who want to return home requires legal grounding, and this is not covered by article 53 or 54 of the public health act,’ the judge is quoted as saying. The fact that further spreading of the virus needs to be tackled urgently is not up for discussion, the judge said. ‘But such a far reaching obligation as this, which concerns physical integrity, requires a concrete legal basis.’ [1]

Aftermath

• The Dutch state has continued to insist on PCR tests as a condition for many activities including travel. [1]
• A spokesman for the court told the Telegraaf that the verdict only applies to the three people in question and does not mean that ‘everyone coming from abroad can wave the verdict around and refuse to undergo a test.’ [1]
• Jeroen Pols states that “every one can use this verdict”… “You do not need permission to travel!” [2]

Further Research

Court Documents:

• Read the Court Ruling

In the news:

• …More information is needed…

other

• Backup Virus Waarheid (in Dutch)
  
• Cafe Weltschmerz (in Dutch)
• FranceSoir
• Potkaars podcast (in Dutch)
• BPOC (Dutch Corona Investigative Committee)

Media