30 understand or are reasonably supposed to un- authorities to issue a detention decision only derstand”.77 “following an individual assessment” and that Moreover, providing an individualised and rea- the decisions “shall contain full and detailed soned order is a vital precondition before a state reasons”82. Outside of Greece’s domestic adop- can deprive a person of their liberty. Article 8(2) tion of the RCD through the Asylum Code, the RCD states that detention can only be ordered COVID-19 JMD requires an individual order for “on the basis of an individual assessment” and each person quarantined.83 where it proves necessary. 78 These conditions Similar rights are also guaranteed under the must be regulated by law and must be examined ECHR. Art. 5(2) establishes a right for every per- and justified in writing in each individual case. son deprived of his liberty to be promptly in- The decision, which is incumbent upon an ad- formed of the reasons for his detention in a ministrative authority or a court, must compre- language he understands. Art. 5(2) requires hensively explain the factual and legal situation states to promptly inform detained persons in on which the detention is based.79 The RCD sim- simple, accessible language of the legal and fac- ilarly requires Member States to apply deten- tual reasons for their detention so that they can tion only on a case-by-case basis and that challenge it before a court 84 . Moreover, while detention may only be ordered “in writing and detention to protect public health is a legitimate with reasons being given in fact and law.” aim under ECHR Article 5(1)(e), 85 detention 80 As discussed earlier in this report, under Greek asylum law authorities can only detain some- must be a measure of last resort with no other alternative.86 For this assessment to take place, one by way of exception, and only after con- all deprivations of liberty must be ordered, scru- ducting an individualised assessment. 81 Article tinized, and approved by an independent judge 50(4) of the Asylum Code requires the or judicial authority on a case-by-case basis.87 Art. 10 (5) Directive 2013/33/EU. See also Art. 50(6) Law 4939/2022. Art. 8 (2) Directive 2013/33/EU. 79 See CJEU, Judgment of 14 May 2020, C-924/19 PPU and C-925/19 PPU, FMS et al, para. 257 et seq. See also Edwards, Back to Basics: The Right to Liberty and Security of Person and 'Alternatives to Detention' of Refugees, Asylum-Seekers, Stateless Persons and Other Migrants, UN Doc. PPLA/2011/01. Rev.1, April 2011, available at: https://bit.ly/3aVmcXe and UNHCR, Detention Guidelines - Guidelines on Applicable Criteria and Standards Concerning the Detention of Asylum Seekers and Alternatives to Detention, 2012, available at: https://bit.ly/3dp2UL7. 80 Art. 15 (1) and Art. 15 (2) Directive 2008/115/EC. 81 Art. 50(2) Law 4939/2022. 82 Art. 50 (4) Law 4939/2022. 83 JMD Δ1α/ΓΠ.οϊκ.23983 /2022, Extraordinary measures to protect public health from the risk of further spread of the coronavirus COVID-19, 1 May 2022, available at: https://bit.ly/3K7mEEn. 84 ECtHR, Judgement of 25 January2018, 22696/16, J.R. and Others, §§ 99, 123-124; also, ECtHR, Judgement of 15 December 2016, 16483/12, Khlaifa and Others, § 115; ECtHR, Judgement of 27 March1991, 12244/86, 12245/86, 12383/86, Fox, Cambell and Hartley, § 72. 85 Art. 5(1) ECHR. 86 Elberling, Art. 5 ECHR, in Karpenstein/Mayer, Konvention zum Schutz der Menschenrechte und Grundfreiheiten: EMRK, 2nd edition 2015, para. 78. 87 See Human Rights Council, Report of the Working Group on Arbitrary Detention, 2 July 2018, available at: https://bit.ly/3HRt9sc, para. 12; Economic and Social Council, Report of the Working Group on Arbitrary Detention, 16 December 1998, E/CN.4/1999/63/Add.4, para. 51, available at: https://bit.ly/3Ilc8bm; and Economic and Social Council, Report of the Working Group on Arbitrary Detention, 24 October 2002, E/CN.4/2003/8/Add.2, para. 64 (a), available at: https://bit.ly/3I0xs4t; See Human Rights Council, Report of the Working Group on Arbitrary Detention, 18 January 20110, A/HRC/13/30/Add.2, para. 79 (e)), available at: https://bit.ly/3I0xMQ J; see also See UNHCR ‘Detention Guidelines, ’2012, paras 4.1.4, 7, available at: https://bit.ly/3E6oe5o. 77 78 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios