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Punishment for living together
The orthopedic technician lives with his life partner in a 60-square-meter apartment in Weißbriach. In mid-November, the suspicion of coronavirus in the man was confirmed. He had to be quarantined at home: “When I got the positive result, I said that I live in the apartment with my partner. They called her and asked her when she was last in contact with me. She replied that this morning, living together. “
They were later issued a criminal fine, but no one was ever at their home to verify that they met the isolation requirements, the person said.
Pedernig said that although he complied and did everything right and still received a 300 euro fine, he will probably not indicate contact persons next time. His partner was not infected, he remained healthy. As a Category 1 contact, he also kept a sufficient distance in the small apartment.
We must not forget that the family tends to take care of sick life partners when they have symptoms. However, this is not legally considered.
Dubious legality
In violation of the contact ban, the criminal fine under Austrian law is 300 euros or six days in prison. A lawyer from the Hermagor district has taken up these cases free of charge, as he is convinced that the sanctions are not legal.
Several people in the Austrian state of Kärnten have received sanctions from the regional authorities because, despite the coronavirus infection, they continue to live with their partners, who are registered in the common home. The data comes from contact tracing, according to the lawyer, and this is unconstitutional.
How many of these criminal fines have been issued is unknown at this time, said Gerd Kurath, regional coronavirus coordinator. But it confirmed its existence.
Lawyer Ulrich Salburg, who already represents three of these cases, has harshly criticized the sentences, and not only because there is often no alternative of life for those affected:
“A prerequisite for any criminal liability is alternative legal behavior. I have to be able to behave in such a way that they cannot be prosecuted. This is not possible here, because where should the partner go? He can’t let her out and she can’t go to a hotel because they are locked up. Nor can he go to relatives, this is prohibited according to anti-Corona measures, “Salberg explained to ORF.
In addition, the personal data to which the authorities have access come from the follow-up of the contacts and, therefore, of the interested parties. According to Salburg, this implies that the accusers are practically testifying against themselves and is unconstitutional.
According to Salburg’s lawyer, the use of contact tracing data for criminal proceedings undermines the right of the accused not to incriminate himself: “The contact tracing statement is mandatory under the Outbreak Act. I need to provide information. This means that if I use contact tracking data for a criminal penalty, this right is circumvented. For this reason, in my opinion, the use of contact tracking data is clearly unconstitutional. “
Whose fault is it?
Meanwhile, federal and regional authorities argue over “who is responsible” for the regulations and fines. Kärnten provincial government chairman Peter Kaiser (SPÖ) told ORF Television that the Land had no influence on decisions on contact restrictions made by the federal government.
Kaiser “regrets” that such punishments endanger the public’s trust and called on the federal government to act: “I hope the federal government will quickly remove the unrealistic regulation, which has now been made public!”
Politician Gerhard Köfer from Team Kärnten was outraged by the approach. For him, there is usually no other alternative than to stay in the shared flat. It calls on those affected to oppose it and asks for official statistics on these cases.
And the director of the FPÖ in Carinthia, lawyer Gernot Darman, believes that there is a flagrant lack of empathy in the authorities and that these sanctions are absurd.
However, according to the Federal Ministry of Health, district and state administrations are responsible for implementing anti-pandemic measures. The guidelines clearly state: if separation in the common home is not possible, the quarantine should be extended to 14 days. It is possible that the district authority “misunderstood something.”
After the contacts, the competence rests with the Länder and the district administrative authorities, who decide on a case-by-case basis and can, if necessary, apply additional measures. Decisions on sanctions are also made by district authorities, it has been argued at the federal level.
Thus, the Austrian authorities blame each other, but only after the cases have reached court and been made public.
