34
has stated that those being held in quarantine
d. Access to Legal Services
should be given easy and regular access to out-
Legal Framework
side professionals including medical profes-
EU law affords asylum seekers the right to effec-
sionals,109 psychologists,110 and lawyers.111
tively consult with a legal representative “on
Application
Quarantined asylum seekers are often denied
any means of communication with the outside
world. Their phones have often been confiscated upon arrival to Chios, rendering them unable to contact family, friends, or legal services.
Based on interviews Equal Rights has conducted, it is evident that the practice of confiscating phones dates back to at least July 2021.
The implementation of this practice is comprehensive and systematic on Chios: those quarantined are never allowed access to their phones.112
It is worth noting that no other means of remote
communication is provided to asylum seekers
in the quarantine. It is also worth noting that
neither UNHCR nor legal representatives and
advisors are allowed access to the quarantine.
Thus, without phones, asylum seekers are
stripped of their sole means of communication
with the outside world–they cannot communicate with loved ones, access crucial sources of
information, or access legal advice to prepare
for the upcoming asylum interviews.
matters relating to their applications for international protection, at all stages of the procedure.”113 It specifically states that when the state
provides accommodation to asylum seekers, it
must ensure that they “have the possibility of
communicating with […] legal advisers or counsellors, persons representing UNHCR and other
relevant national, international and nongovernmental organizations and bodies”114 Moreover, with respect to detained asylum seekers, EU
law provides that legal advisers or counsellors
[…] have the possibility to communicate with […]
applicants in conditions that respect privacy”
and notes that limitations on access to the detention facility may be imposed so long as access to the detained asylum seekers is not
“severely restricted or rendered impossible” 115
Greek law similarly affords asylum seekers the
right to effectively consult with a legal representative “on matters relating to their applications for international protection, at all stages of
the procedure,” 116 regardless of whether they are
detained or not, and providing guidance for
communication
by
teleconference
if
well as religious, international and/ or non-governmental organizations, if they so desire.”).
109
CPT, Advice of the CPT to States parties and national preventive mechanisms relating to the coronavirus disease (COVID-19)
pandemic, (CAT/OP/10), 7 April 2020, Para 5, available at: https://bit.ly/3IkQp3g.
110
Ibid., Para 10c-g.
111
Ibid., Para 5 (stating that “since quarantine facilities are de facto a form of deprivation of liberty all those so held should be
able to benefit from…information of the reasons for their being quarantined, the right of access to independent medical advice,
to legal assistance and to ensure that third parties are notified of their being in quarantine); Working Group on Arbitrary Detention, Deliberation No. 11 on prevention of arbitrary deprivation of liberty in the context of public health emergencies, 8 May
2020, Para: 21 (noting that “If the exigencies of the prevailing public health emergency require restrictions on physical contact,
States must ensure the availability of other ways for legal counsel to communicate with their clients, including secured online
communication or communication over the telephone, free of charge and in circumstances in which privileged and confidential
discussions can take place”).
112
Recently, however, authorities have returned phones to asylum seekers after quarantine.
113
Art. 22(1) Directive 2013/32/EU.
114
Art. 18(2)(b) and (c) Directive 2013/33/EU.
115
Art. 10(4) Directive 2013/33/EU; Art. 23(2) of Directive 2013/32/EU.
116
Art. 76(6) Law 4939/2022.
‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios