47 ECtHR has held that the placement in a psychiatric facility amounted to a deprivation of liberty, although the person had the right to leave the facility, even for several months. The Court found that the consequences of not returning, and the subsequent psychological compulsion would be enough to qualify the measure to deprive the liberty.136 Like the Röszke Transit Zone, the CCAC is a highly carceral facility with private security and armed police inside. However, the facts of the Röszke Transit Zone and Kos CCAC differ in important respects, particularly because asylum seekers in the CCAC can leave and move freely around Kos during the daytime hours.137 Although on paper the only penalty for failing to return in the evening is the loss of accommodation, in practice exclusion from the CCAC could lead to barriers to accessing the asylum procedure because of how difficult it is for non-residents to enter the facility. For now, it not only remains to be seen how courts will treat the CCACs, but to what extent the practices inside them will become more restrictive in the future. 136 ECtHR, Judgment of 23/03/2016, No. 47152/06 – Blokhin, para. 164 et seq. 137 However, they cannot leave Kos because asylum seekers subject to the EU-Turkey statement are issued a geographical restriction, ordering them not to leave the respective island until the end of the asylum procedure: MD 1140/2019, Gov. Gazette B’ 4736/20.12.2019. ‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23

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