33 Of the 11 applicants interviewed on Chios no one seekers103, have the possibility to communicate has been informed about the right to seek asy- with family members as well as legal represent- lum. RIS Chios stated in a letter to Equal Rights atives and advisors. Greek Law goes beyond that RIS employees in Lefkonia inform those in- such protections,104 specifically mandating that side about reception and identification proce- asylum seekers be able to communicate with le- dures, while at the same time denying any gal counselors by teleconference if extenuating responsibility for the quarantine procedure. circumstances render in person communication 99 None of the persons interviewed has been in- impossible.105 formed by RIS about the relevant procedures The ECtHR held in El-Masri v. The Former Yugo- while in Lefkonia. 100 Some asylum seekers on slav Republic Of Macedonia that when a detainee Chios reported that they received information is unable to access a lawyer, contact their family, about the asylum procedure informally, such as or challenge their detention in front of a compe- from forthcoming police officers or interpreters tent judicial body, they are effectively in “in- who visit during routine COVID-19 doctor vis- communicado detention,” in contravention of its. 101 Nevertheless, there was no formal infor- their ECHR Article 5 right to liberty and secu- mation regarding existing rights and the relevant procedures until the registration after rity.106 Importantly, the UN WGAD has emphasized that “incommunicado detention” cannot the quarantine at the RIC. legally be part of public health emergency c. Ability to Communicate with the Outside World measures as it is “the most serious violation of Legal Framework and is inherently arbitrary since the individuals EU, Greek and International law, and standards detained have no legal protection.107 all provide quarantined migrants the right to communicate with the outside world. EU law requires that asylum seekers in first reception procedures 102 , as well as detained asylum the norm protecting a person’s right to liberty” Lastly, UNHCR Guidelines dictate a possibility for remote, telephonic means to contact relatives, friends, and NGOs during a situation of detention, such as a quarantine,108 and the CPT Letter from Chios RIC Director, June 2022. One person stated that they were given this information by doctors in quarantine, one by police in quarantine, and one by RIS staff in the camp before transfer to quarantine. 101 Three people interviewed received information. 102 Art. 18(2)(b) and (c) Directive 2013/33/EU. 103 Art. 10(4) Directive 2013/33/EU. 104 Art. 51(5) Law 4939/2022 (requiring that, regarding detained applicants, “family members, representatives, legal advisers or counselors have the possibility to communicate with and visit applicants”); Art. 71(5) Law 4939/2022 (requiring persons under RIC procedures can communicate with legal services). 105 Art. 71(5) Law 4939/2022 (stating “Attorneys-at-law and authorized consultants…shall have access to the Regional Services of the Reception and Identification Service…. They are also allowed access to places of detention…to communicate with applicants in a specially designed space. …Attorneys-at-law and authorized consultants referred to in paragraph 1 may communicate by teleconference with applicants in a specially designed space under conditions which ensure the required confidentiality”). 106 ECtHR, Judgment of 13 December 2012, 39630/09, El-Masri V. The Former Yugoslav Republic of Macedonia, para. 236. 107 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 9. 108 UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, (2012), Guideline 8, available at: www.refworld.org/docid/503489533b8.html (“asylum-seekers in detention should be able to make regular contact (including through telephone or internet, where possible)…[with] relatives, friends, as 99 100 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios