38 members and all individuals concerned consent obligation to protect the right to life), Article 3 thereto 136 and to ensure the guarantee of “the (prohibition of inhuman and degrading treat- necessary health care which shall include, at ment), Article 5 (detention of third-country na- least, emergency care and essential treatment of tionals), Article 8 (right to respect for private illnesses and of serious mental disorders” and and family life) and Article 9 (freedom of “necessary medical or other assistance to appli- thought, conscience, and religion) ECHR.140Au- cants who have special reception needs.”137 Arti- thorities must ensure that: (1) a person is de- cle 51 and 59(1) of the Asylum Code largely tained in conditions compatible with respect for transpose Article 10, 11 and 19 RCD into national human dignity; (2) the manner and method of law. execution of a custodial sentence or other type The ECtHR has pointed out that asylum seekers of detention measure do not subject the person are members of a particularly vulnerable popu- concerned to distress or hardship of an intensity lation in need of special protection138 Moreover, exceeding the unavoidable level of suffering in- as the asylum seekers within the quarantine herent in detention, and (3) that, given the prac- meet the legal definition for detained asylum tical demands of imprisonment, this person’s seekers, they are subject to additional protections under ECHR case law. The ECtHR imposes health and well-being are adequately secured.141 In general in these cases, the ECtHR considers additional positive obligations on states when the lack of personal space (overcrowding)142, ac- persons cannot independently access shelter, cess to outdoor exercise 143 , natural light and medical care, or sanitation due to state interfer- fresh air (availability of ventilation) 144 , ade- ence, especially when persons are entirely de- quacy of heating arrangements, the possibility pendent on the state in the context of detention or camp accommodation.139 The ECtHR addresses detention conditions un- of using the toilet in private, and compliance with basic sanitary and hygienic requirements.145 der different articles. Unlawful detention conditions mainly concern Article 2 (positive Art. 11 (5) Directive 2013/33/EU. Art. 19 Directive 2013/33/EU; The wording of the provision is relatively vague and the application in the different EU MS varies considerably, Peek/Tsourdis in Hailbronner/Thym EU Immigration and Asylum Law, Part D.V., para 302, para 1481. 138 ECtHR, judgement of 21 January 2011, M.S.S. v. Belgium and Greece, 30696/09, para 250-251. 139 ECtHR, Judgment of 25 January 2011, 38427/05, Elefteriadis v Romania, para. 47 (in cases where someone is largely or wholly dependent on the state because of, e.g., detention Art. 3 imposes additional positive obligations on the state to ensure decent living conditions.); See also Council of Europe, Thematic Report: Health-related issues in the case law of the European Court of Human Rights (June 2015) p 13 available at: https://bityl.co/Cap2. 140 See for an overview of the ECtHR case law on prisoners’ rights: CoE, ECtHR Guide on the case-law of the European Convention on Human Rights, prisoners’ rights, last updated April 2021, available at: https://bit.ly/3kLXA7I. 141 ECtHR, Judgement of 10 December 2020, 42732/12, Ananyev and Others v. Russia, para 139 ff., with further references. 142 ECtHR, Judgement of 23 July 2013, 55352/12, Aden Ahmed v. Malta, para 87, ECtHR, Judgement of 07 July 2005, 53254/99, Karaleviˇcius v. Lithuania, para 36; ECtHR, Judgement of 10 December 2020, 42732/12, Ananyev and Others v. Russia, para 143– 148. 143 ECtHR, Judgement of 10 December 2020, 42732/12, Ananyev and Others v. Russia, para 150–152. 144 Ibid., paras 153–155. 145 ECtHR, Judgement of 23 July 2013, 55352/12, Aden Ahmed v. Malta, para 88. ECtHR, Judgement of 10 December 2020, 42732/12, Ananyev and Others v. Russia, para 156–159. 136 137 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios