Furthermore, repeated reports by civil society organisations since the inauguration of CCACs to date, indicate prison-like conditions in the CCACs.232 As the European Ombudsperson has pointed out, the new structures on the islands "are, rather, reminiscent of detention facilities", raising doubts as to “how respect for human dignity and protection of the best interests of the child and of vulnerable individuals can be ensured” in these facilities". Also, the European Ombudsperson suggested that the Commission should carry out a fundamental rights impact assessment of the centres, with a view to identifying measures to mitigate any potential risks.233 Moreover, the CPT has pointed out that ‘the new EU-funded “Closed Controlled Access Centres” (CCACs) on the Aegean Islands have the potential to offer better living conditions for migrants and asylum seekers for periods of up to a few months. However, they face significant shortcomings, and the basic reception and protection needs of applicants for international protection are often not met. In the CPT’s view, the excessive security and unnecessary barbed wire fencing make the CCACs unsuitable for accommodating children and persons in a vulnerable situation. Moreover, when the number of foreign nationals arriving on the islands increases, the systems break down quickly and many persons find themselves being subjected to treatment which could be described as inhuman and degrading. This was the situation found by the CPT delegation during the visit, notably at the Kos and Samos CCACs’.234 The Ministry of Asylum and Migration focuses on the 24/7 surveillance and security control mechanisms of the new centres, while the residents face practices of illegal de facto detention and arbitrary restrictions of personal liberty and freedom of movement and have limited access to healthcare. In view of the above, the European Court of Human Rights has granted interim measures, pursuant to Rule 39 of the Rules of the Court, with regards to reception conditions in the Closed Controlled Access Centers (CCACs) in Samos and Kos. More specifically: ❖ In September 2023, the European Court of Human Rights (ECtHR) granted interim measures in a case concerning a single mother residing at the Samos CCAC along with her six-month old baby with a serious heart condition, ordering the Greek Government to ensure that the baby will be provided with medical treatment and that both the baby and mother will be provided with suitable accommodation.235 ❖ On 12 December 2023, the European Court of Human Rights (ECtHR) has granted Interim Measures with regards to two Afghan women and their five minor children, residing at the Closed Controlled Access Centre (CCAC) of Kos in absolutely inadequate conditions, ordering the Greek authorities to ensure that the Applicants "have full access to reception conditions which respect human dignity and take into account their multiple vulnerabilities. 236 Οn 5 February 2024, the European Court of Human Rights granted Interim Measures with regards to a single woman asylum applicant and her infant child, who resided in inhuman conditions in the Samos Closed Controlled Access Centre (CCAC) ordering Greek authorities to provide her with safe and suitable accommodation.237 No significant developments were noted during 2025. GCR Submission to the Committee of Ministers of τhe Council οf Europe concerning the execution of the M.S.S. v. Greece group of judgments in April 2025 232 233 234 235 236 237 Civil Society Joint Statement, Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos,19 September 2023, available at: https://tinyurl.com/727ubb4r. European Ombudsperson, Decision in strategic inquiry OI/3/2022/MHZ on how the European Commission ensures respect for fundamental rights in EU-funded migration management facilities in Greece, 7 June 2023, https://tinyurl.com/3v82dswd, para. 48. CPT, Executive Summary, CPT/INF (2024)21-Part, available here and CPT, Council of Europe anti-torture Committee (CPT) again calls on Greece to reform its immigration detention system and stop pushbacks, available at: https://tinyurl.com/442wpk7t. HRLP, Interim measures granted by the ECtHR for a woman and her daughter on Samos, 20 September,2023, available at: https://tinyurl.com/2p3u7bcp. ECtHR, M.K. and Others v. Greece [Application no. 42416/23]. See also, GCR, Absolutely inadequate conditions in the new Closed Controlled Access Center (CCAC) of Kos: The European Court of Human Rights has granted Interim Measures,14 December 2023, available at: https://tinyurl.com/mrw65ahy. ECtHR, H.T. and M.T. v. Greece [Application no.2868/24]. See also ΙHaveRights, Degrading conditions in Samos CCAC: The European Court of Human Rights grants Interim Measures”, 7 February 2024, available at: https://tinyurl.com/3m959tz6. 63

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