If the police assume that someone is infected with the corona virus, they can issue a referral to this person for a busy place. According to information from Wednesday, the administrative court in Berlin decided this. An application for approval of an appeal to the Higher Administrative Court of Berlin-Brandenburg is possible against the judgement.
The plaintiff was therefore at the end of September 2021 on Hardenbergplatz in Berlin. Meetings were to be held there to discuss measures to combat the pandemic.
Based on an anonymous tip and the evaluation of information available on the Internet, the police assumed that the plaintiff could have contracted the corona virus at a party a few days earlier. He received a dismissal. The plaintiff saw his right to freedom of assembly violated.
The first chamber of the administrative court dismissed the action. The taking of evidence showed that the plaintiff was not prohibited from attending a meeting. Rather, he stated that he was ill and did not want to attend the meeting.
From the point of view of the court, the dismissal is justified. Based on the anonymous tip, the internet research and the fact that the plaintiff was obviously weak, the police were able to assume that he was infected with the corona virus.
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There was therefore a risk of infection for the people in the busy square, for which an additional crowd was to be expected due to the registered meetings.