2.1 Legal Basis
The legal basis for the possibility of restricting the movement of applicants for
international protection is found in Greek Law 4540/2018, incorporating Directive
2013/33/EU of 26-06-2013.[71] While it provides for the possibility of movement
restrictions if they are "necessary for the rapid processing and effective
monitoring of applications for international protection",[72] the law lays out the
material reception conditions that must be ensured. These include A) adequate
standard of living, which "guarantees [the applicants’] maintenance and
promotes their physical and mental health, based on respect for human
dignity", B) possibility of communication with relatives, legal advisors,
representatives of United Nations High Commissioner for Refugees (UNHCR),
and other certified social actors; allowing some limitations and C) "appropriate"
accommodation regarding the gender, age, and vulnerabilities.[73] Further
details on the operation of CCACs on the islands are laid out in the Ministerial
Decision No. 25.0/118832 ("General Regulations for the Operation of Closed
Controlled Island Structures" referred to as ‘General Regulations’).[74]
2.2 Security infrastructure and operation of the CCAC
Personnel
As detailed on the Ministry of Migration & Asylum’s website, the Samos CCAC "is
guarded by the Hellenic Police and by a private security company [G4S] 24
hours a day with the presence of fifty uniformed personnel in each shift".[75]
The police on duty include Greek riot police (MAT), well known in Greece for their
use of excessive force,[76]as well as border guards (Synoriophylakes).
[71] Law 4540/2018 , modifying Law 4251/2014.
[72] Ibid. Art. 7(2).
[73] Ibid. Art. 17(1), Art. 18(2)(b)) and Art. 18(2)(c).
[74] Decision 25.0/118832 of the General Secretary of Reception of the Ministry of Migration and
Asylum, Gov. Gazette 3191/B/ 20.7.21.
[75] Ministry of Migration & Asylum. 2023. Closed Controlled Access Center of Samos. Available
here.
[76] Greek Reporter. 2022. Riot Police Attacks Photojournalist in Athens. Available here; Reporters
United. 2021. Police abuse in Greece: Disinfaux Collective report examines rogue petrol bomb video
and reveals possible police ties to shady pro-government group. Available here; Amnesty
International. 2012. Police Violence in Greece. Available here.
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