that "there is a real prospect that such verification can be carried out successfully in the shortest possible time".[44] Article 9 of the RCD clearly states that applicants can only be held in detention for "as long as the grounds set out in Article 8(3) are applicable". This was reiterated by the ECtHR in the case of Nikoghosyan and others v Poland, when the Court confirmed that the automatic placement of asylum seekers in detention for six months without resorting to a stringent individual assessment breached Article 5(1) ECHR.[45] In the Case of Applicant v State Secretary for Justice and Security, the CJEU reiterated the importance of monitoring the conditions governing the lawfulness of detention in the context of asylum.[46] The Court highlighted that when it is apparent that the conditions governing the lawfulness of detention have not been or are no longer satisfied, including in situations where the responsible member state is no longer examining an applicant’s case with due diligence, the applicant concerned must be released immediately. If an applicant is not released immediately, the member state risks breaching Article 6 of the CFR and the RCD.[47] 1.3. Conditions and standards of detention Regardless of whether the circumstances of the CCAC amount to arbitrary detention and a deprivation of liberty, the conditions and standards in the CCAC must uphold human dignity. This section does not suggest that any form of detention of people on the move within the CCAC is permissible or lawful, but that the conditions and standards within exacerbate the dehumanising treatment of people on Samos. The de facto detention of people on the move facilitates the evasion of detention safeguards otherwise required when an order for detention is issued. In addition to deprivation of liberty or arbitrary detention – contrary to Article 5 of the ECHR, Article 6 of the CFR, and Article 9 ICCPR – this report raises concern over the potential breach of several fundamental rights guarantees of people within the CCAC. Foremost, Article 1 of the CFR establishes that ‘human dignity’ is not only a fundamental right but also constitutes the real basis of EU fundamental rights. _ [44] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying down standards for the reception of applicants for international protection (recast). Preamble 16. [45] Nikoghosyan and others v Poland [2022] ECHR (App No 14743/17). [46] Applicant v State Secretary for Justice and Security [2022] CJEU (C-704/20 and C-39/21). [47] Ibid. Page 13