measures, it is reasonable to expect this assessment takes place prior to
detention.
Applicants considered vulnerable should be monitored regularly if placed in
detention and provided adequate support.[65] Female applicants should be
accommodated separately from men.[66] Minors should only be detained as a
last resort and in such cases they should be detained in a separate facility
specifically for minors and given access to play and recreational activities.[67]
Conclusion
That every person has the right to seek asylum underscores the entirety of this
report. As such, people seeking international protection should not face
penalisation for having presented themselves at the European border.[68] In
each below section, we consider whether the ‘concrete situation’ of people on
the move held in the Samos CCAC meets the definition of de facto detention.
The detention of people seeking international protection should only be used as
a measure of last resort; nevertheless, in this report we argue that deprivation
of liberty is used by the Greek authorities to systematically and
disproportionately deprive individuals of their fundamental rights. Particular
emphasis is placed on whether the circumstances and conditions within the
CCAC amount to unlawful deprivation of liberty contrary to Article 5 ECHR and
systemic inhuman and degrading treatment contrary to Article 3 ECHR.
[65] Ibid. Article 11(1).
[66] Ibid. Article 11(5).
[67] Ibid. Article 11(2).
[68] Article 18, Charter of Fundamental Rights; Article 31, 1951 Convention on the Status of Refugees.
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