41 reference to any clear legal grounds.107 Issuing under a restriction of freedom that is issued an individualised and reasoned order is also a within 5 days of entry. Art. 40 goes on to state vital precondition before a state can deprive a that if, at the end of the 5-day period, reception person of their liberty. Article 8(2) RCD states and identification procedures are ongoing the that detention can only be ordered “on the director of the CCAC may issue a decision that basis of an individual assessment” and where it extends the restriction for up to 25-days.110 proves necessary.108 Consequently, the lack of Under Art. 40 this restriction of freedom individual assessments and the absence of an prohibits people from exiting the RIC or CCAC, individual detention order are per se a violation except for medical emergencies.111 Even so, the of the foreseen procedural guarantees authorities are still obliged to take steps to safeguarding the rights of asylum seeker and protect vulnerable persons and UAMs in detainees. Moreover, because the authorities particular.112 did not issue individualised detention orders, they never assessed whether quarantine was both necessary and the least restrictive measure. The necessity of quarantine on Kos was particularly undermined by the arrival of more than 5.4 million tourists to the South Aegean islands in 2022, who were not subject to any Covid-19 measures. 109 The 25-day restriction orders are not unique to Kos; as the Asylum Information Database (AIDA) reported in its 2022 country report, “those arriving on the Eastern Aegean islands and falling under the EU-Turkey Statement are subject to a ‘restriction of freedom movement’ issue by the Head of the RIC.”113 However, as the AIDA report also notes “the decision is revoked once the registration by RIC is completed, usually within a couple of days” C. 25-day Restriction of Freedom 1. Factual Situation and only “[e]xceptionally, in Kos, a ‘restriction of freedom of movement’ is imposed to newcomers for a period of 25 days […] Historically, asylum seekers on Kos were regardless whether their registration and subject to an automatic 25-day restriction of identification by the RIS has been concluded or liberty decision issued by the Director of the not.”114 CCAC shortly following their arrival on the island and release from quarantine. This practice derives from Art. 40 of the Asylum Code, which states that applicants for international protection should be subject to reception and identification procedures while Quarantine Report, supra note 98, at 27-29. at 2729. 108 Art. 8 (2) Directive 2013/33/EU. 109 Money Review, Νότιο Αιγαίο: Νέο ρεκόρ αφίξεων στα αεροδρόμια το καλοκαίρι του 2022 (16 November 2022), available at: https://bit.ly/3wkSPbg. 110 Art. 40 L. 4939/2022. 107 The authorities issued 25-day restriction of liberty orders to asylum seekers throughout the entire period covered by this update. However, the policies surrounding the restriction of liberty orders were erratic, Art. 40 L. 4939/2022. Art. 40 L. 4939/2022. 113 Asylum Information Database (AIDA), Country Report: Greece (May 2022), 44, available at: https://bit.ly/3HoBcNX. 114 Asylum Information Database (AIDA), Country Report: Greece (May 2022), 44, available at: https://bit.ly/3HoBcNX. 111 112 ‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23