32
7. Conclusions
also continues to raise Art. 8 ECHR concerns.
As evidenced from participants’ interviews,
Lastly, with regards to access to healthcare, the
various aspects of the living conditions in the
provisions of national law that guarantee
Kos PRDC continue to fail to meet the
access to healthcare for asylum seekers are still
standards outlined in Greek national law, EU
not met, while the apparent lack of access to
law, and international human rights law.76
emergency health care raises concerns under
Inadequate food and water continue to raise an
both national and EU law, as well as under
issue under Articles 3 and 9 of the European
Articles 3 and 8 of the ECHR.
Convention on Human Rights (ECHR). With
regards to Article 3 ECHR, the administrative
authorities of the Kos PRDC continue to fail to
offer detained persons adequate diets and
protect their wellbeing. Moreover, there may
be an issue under Article 9’s requirement to
account for detained persons’ religious beliefs
D. Updates about procedural
rights and remedies
1. Access to information and legal
services
as Ihsan shared his experienced that he did not
i. Limited number of legal aid providers
eat his meals because he did not know if they
The November 2021 report outlined the
were halal.
existing legal organizations on Kos, in addition
The lack of access to recreational activities in
the Kos PRDC also continues to fail to meet the
standards laid out in Greek, EU, and
international human rights law, all of which
are to be interpreted in light of the CPT’s
standards. Such standards include an hour of
exercise in open air, broader programmes of
activities, and the provision of exercise
facilities — none of which are provided to
people detained in the PRDC.
Moreover, Art. 3 of the ECHR establishes a
positive obligation with regards to sanitary
facilities, which authorities continue to fail to
meet as interviewees reported that the
facilities are generally in poor conditions and
that detained persons are responsible for
cleaning the facilities themselves. The lack of
privacy individuals shared they experienced
76
For a more thorough discussion of the relevant
standards, see Detained and Forgotten, supra
note 3, at 35-42.
to exploring the challenges that arose with
attempting to inform detained persons about
available legal services.77 As of January 2023,
there remained a limited number of lawyers on
Kos who specialise in asylum and refugee law.
Three legal NGOs employing a total five Greek
lawyers continued to provide general legal
assistance to asylum seekers on the island
during the reporting period, including Equal
Rights. Additionally, the NGO Praksis employs
one lawyer who works exclusively with
unaccompanied minors in the Safe Zone. These
lawyers are not only responsible for addressing
unlawful detention, but also for covering the
needs of asylum seekers in the asylum
procedure. The limited number of lawyers on
Kos therefore makes it difficult for detained
persons to secure legal representation,
although both asylum seekers and rejected
77
Detained and Forgotten, supra note 3, at 26-27.
‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23