26 The right to liberty is also protected under the Awab, quarantined on Chios in winter 2021 ECHR Article 5. According to the ECtHR’s inter- The fact that the Chios RIS concluded that the pretation of the Article, a detention must sur- quarantine in Lefkonia did not constitute de- pass a mere “restriction of liberty” and amount tention is irrelevant. Those quarantined on to a deprivation of liberty. The ECtHR has held Chios are confined for, at minimum, five days, that the “difference between deprivation and without their consent at the behest of the state. restriction of liberty is one of degree or intensity, On Chios, police place persons in quarantine and not one of nature or substance.” Thus, an whether they test positive for COVID-19 and individual assessment must be made in each guard them for the duration, with RIS employ- case, taking into account “a whole range of cri- ees also present in the facilities. The Lefkonia teria” including “type, duration, effects and building has three sectors where different manner of implementation.” In particular, the groups of persons quarantined together are duration and foreseeability of the deprivation of held. Those interviewed stated that they are not liberty can be dispositive as to whether there ex- allowed to leave their assigned sectors, with ists a restriction or deprivation. Whether the locked doors, walls, and police blocking such deprivation of liberty takes place in a detention center as well as the ordering authority’s opinion as to whether a deprivation exists is irrelevant. While the analysis is case by case, in an instance concerning one member state’s forced placement of an individual in a psychiatric facility which the state argued was not a detention, the Court found the following three factors to be decisive: movement. Those interviewed said that they are not even allowed to go outside for recreation. Those in quarantine are deprived of their freedom of movement within the quarantine. People in Chios were confined to the separate sectors which either consisted of small rooms shared amongst 7-10 people or one indoor auditorium. In only some circumstances are they allowed to leave their assigned sector. For (1) Confinement in a particular place for a not example, three persons who were quarantined negligible period of time (the objective element) in small rooms at the same time in Chios in win- (2) Lack of valid consent (the subjective element) ter 2022 stated that they typically had around (3) Attribution of responsibility to the state (i.e., one hour for recreational activities in the audi- where the state knows or ought to know). torium sector every one to three days. However, As compared to the facts on Chios, the quarantine would constitute a detention under the EU law, Greek law, and the ECHR. this opportunity was due to the fact that the auditorium, typically used as a quarantine overflow, was not in use at the time. Thus, it is not a pattern of practice that applicants are able to “It was like a prison... It was a room, and we were visit other areas of the quarantine. Additionally, just staying in that room … The door [to the building] those quarantined have no access to lawyers is locked. But even if you could open the door, there and can only go for medical appointments if ac- are police standing there guarding the exit.” - companied by police. Police constantly surveil ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios