40
many people reliant on social networks and
Aegean islands raise numerous fundamental
word-of-mouth information. Some
rights concerns. In general, those issues are
participants interviewed about quarantine
outside the scope of this update and explored
shared that they were not even aware that they
in greater detail in Equal Rights’ report on the
were in quarantine in the first place.
quarantine practices on Chios (‘Quarantine
Individuals are also not screened for
Report’).105 However, for the purpose of this
vulnerabilities before or during quarantine,
update it is relevant to establish that the
and there is no access to medical care during
quarantine on Kos amounted to unlawful
the quarantine period.
detention. Asylum seekers quarantined on Kos
The length of the quarantine period was often
were confined for, at minimum, five days,
inconsistent. In April 2022, the police
without their consent at the behest of the state
confirmed to Equal Rights that quarantine on
Kos could last anywhere from 14 days to one
month, while in May 2022 asylum seekers
reported being held in quarantine anywhere
from 10 to 23 days. As of 1 May 2022,
quarantine was officially shortened to 5 days,
following the issuance of JMD 23983 /2022.104
However, individuals interviewed after May
2022 reported being held in the quarantine
facility for longer than five days, generally
because there was no EODY doctor available
on Kos to conduct the medical screening in the
context of the reception and identification
procedures. Generally, on the last day of
quarantine, UNHCR met with asylum seekers
after they had been tested for Covid-19 again,
and during this time would provide them with
information regarding the asylum procedure
before they underwent their reception and
identification procedures.
The quarantine practices on Kos and the other
104
JMD Δ1α/ΓΠ.οικ.23983 /2022, Extraordinary
measures to protect public health from the risk of
further spread of the coronavirus COVID-19, 1 May
2022, Art. 1 para 6 refers to Annex II which states
“(9): Especially newly arrived third-country
nationals or stateless persons upon arrival at the
centres and facilities hereunder shall be subject
either to a self-test or to a rapid test for the
detection of COVID-19 coronavirus antigen. If the
in a facility that they could not leave and was
guarded by the police. Moreover, until June
2022, lawyers were also prohibited from
entering the quarantine facilities to meet with
and advise applicants, even with appropriate
protective gear. Further, as described in the
Quarantine Report, there was no legal basis for
quarantine, and quarantined asylum seekers
were not registered for asylum by the
authorities until after quarantine ended, which
left them without legal status in Greece while
they were in quarantine. 106 Equal Rights also
reviewed more than 20 files from RIS, GAS, and
the Kos Police Directorate of persons
quarantined on Kos between November 2020
and January 2022 and did not find a single
individualised detention decision or
confinement order for quarantine. As analysed
in detail in the Quarantine Report, these
conditions amounted to unlawful detention
because the authorities implemented it
without issuing an individual order or
result of the self-test/rapid test is negative, they
shall be placed in quarantine for a period of five
(5) days. […]”, available at: https://bit.ly/40p3cJ4.
105
Ivey Dyson et. al., ‘Extraordinary Measures: How
Greece used the COVID-19 pandemic as a Pretext for
the Unlawful Detention of Asylum Seekers on Chios
(February 2023), available at:
https://bit.ly/40ZvLx3 [hereinafter ‘Quarantine
Report’].
106
Quarantine Report, supra note 98, at 23-24.
‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23