to understand".[57] The ECtHR has considered that deprivation of liberty
involves an element of suffering and humiliation that does not infringe Article 3,
but that the provision requires that the measure "does not subject them to
distress or hardship of an intensity exceeding the unavoidable level of suffering
inherent" and that it is "necessary to attain the legitimate aim pursued".[58] A
violation of Article 3 was found where asylum seekers were detained for 6 days
without the possibility of taking a walk, accessing a leisure area, and the use of
a free toilet and clean mattresses.[59]
Specific safeguards for vulnerable applicants or persons with special
reception needs
In M.S.S. v Belgium and Greece, the ECtHR recognised people seeking asylum as
a category constituted of "a particularly underprivileged and vulnerable
population in need of special protection".[60] Thus, broadly the decision
recognised that as a group, people seeking asylum merit special treatment on
account of their experiences of trauma, lack of familiarity with the language
and legislative frameworks, and their lack of economic means. The case
establishes a higher threshold of safeguards and protection which should be
afforded to ‘people seeking asylum’. In addition, the RCD provides for the
special reception needs of certain individuals in detention.[61] The Directive
defines persons with "special reception needs" as vulnerable persons including:
minors, unaccompanied minors, disabled people, elderly people, pregnant
women, single parents with minor children, victims of human trafficking,
persons with serious illnesses, persons with mental disorders, and persons who
have been subjected to torture, rape or other serious forms of psychological,
physical, or sexual violence, such as female genital mutilation.[62] The Greek
Law 4939/2022 transposes this definition with the additional category of direct
relatives of victims of shipwrecks.[63] In order to identify vulnerable applicants
or those with special reception needs, the authorities are expected to undertake
an assessment "within a reasonable time".[64] As detention requires special
______
[57] Article 10.
[58] Riad and Idiab v Belgium, (First Section) [2008] ECHR, para 99.
[59] S.D. v Greece [2009] ECHR (Application No 53541/07).
[60] M.S.S. v Belgium and Greece (GC) [2011] ECHR (Application No 30696/09).
[61] Article 11.
[62] Article 21.
[63] Article 1(λγ).
[64] 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). Article 22.
Page 15
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