41 protected from the cold. Joseph, an unaccompa- to detained asylum seeker is foreseen in EU, nied minor, explained that “There was only cold Greek and international law. Under EU and water. We were cold the whole time and there was Greek law, detained asylum seekers are entitled no heater in the place.” John, who was also quar- access to open-air spaces. 157 The ECtHR simi- antined with Joseph, stated that a pregnant larly emphasizes the importance of recreational, woman and children were only given a heater out-of-cell, activities in detention, 158 specifi- on the last day–which averaged five degrees cally emphasizing the importance of outdoor Celsius–after 14 days of suffering in the cold. exercise facilities.159 John echoed these sentiments; there was no Regarding recreational activities in detention, heater in his room while quarantined during the the Court refers to the CPT standards160 which winter of 2022. include outdoor exercise, preferably as a The authorities were reportedly unwilling to broader programme of out-of-cell activities. help mitigate the issues with the cold. Abdul Outdoor exercise facilities should be reasonably stated that “They came to turn the heat on some spacious and, whenever possible, offer shelter days. But some days they didn’t give us heat. They from inclement weather.161 gave us two blankets…but the cold still gave us prob- With specific reference to the COVID-19 quaran- lems.” Abdel and his roommates asked the police tine, the CPT has emphasized that regarding to address the problem, but “nothing happened.” those being temporarily held in quarantine, au- Ali, when asked about whether he mentioned thorities should ensure that mandatory quaran- the cold to the authorities, simply said “they tine facilities are big enough to allow for didn’t really respond to us when it came to these internal freedom of movement and a range of matters.” Joseph, the UAM, recalled that “We told purposive activities.162 the people that we were cold, but they said there was no maintenance for the heating.” Application In Lefkonia, only one of the sectors has outdoor iii. Recreational Activities space, a small balcony. There is no outdoor Legal Framework space for exercise or recreation in the other sec- The right to recreational activities with regard tors. Importantly, no one interviewed Art. 10 para 2 Directive 2013/33/EU; Art. 51(3), (7) Law 4939/2022. The Court refers to the CPT standards. See for example CPT, Factsheet Immigration Detention (March 2017), CPT/Inf (2017)3, available at: https://rm.coe.int/16806fbf12. 159 ECtHR, Judgement of 10 December 2020, 42732/12, Ananyev and Others v. Russia, para 125, 150, 153-55. ECtHR, Judgement of 09 October 2008, 62936/00, Moiseyev v. Russia, para 125. (outdor exercise facilities should be reasonably spacious and, whenever possible, offer shelter from inclement weather.); ECtHR, Judgement of 20 October 2011, 5774/10 & 5985/10, ECtHR, Judgment of 20 October 2011, 5774/10 & 5985/10, Mandić and Jović v. Slovenia, para 78 (the Court emphasizes that the recreation area must be usable “in a meaningful way”. it found a violation of Art. 3 ECHR where an outdoor area was not usable due to bad weather conditions and not having a roof.). 160 See for example CPT, Factsheet Immigration Detention, March 2017, CPT/Inf (2017)3, available at: https://rm.coe.int/16806fbf12. 161 ECtHR, Judgement of 10 December 2020, 42732/12, Ananyev and Others v. Russia, para 125, 150, ECtHR, Judgement of 09 October 2008, 62936/00, Moiseyev v. Russia, para 125. 162 CPT, Advice of the Subcommittee to States parties and national preventive mechanisms relating to the coronavirus disease (COVID-19) pandemic, CAT/ OP/10, 7 April 2020, Para: 10c-g, available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsmnkWj9nPReIXF38sJVEmObdzmiBYGgm3PXKqylC2G2PUWDXdX0OI2hmAdD6KRvyvSpo42iJRGE9tktijgv9DAc%3D. 157 158 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios