39 b. Denial of Material Reception Conditions Nelson Mandela Rules hold that a person de- The following part introduces specific require- “nutritional” ments which must be ensured by states in order food that is “adequate for health and strength, to fulfil their obligation to provide adequate of wholesome quality and well prepared and material reception conditions. The report fo- served.”151 cused on basic requirements to guarantee de- prived of their liberty must be provided with 149 and “regularly inspected” 150 With respect to COVID-19 quarantine specifi- cent and adequate accommodation while in cally, the WHO mandates the provision of ade- quarantine while establishing at the same time, quate food and water to persons quarantined that even these rudimentary standards are being denied to those quarantined. for COVID-19 prevention purposes.152 Application i. Inadequate Food and Water When researchers asked interviewees about the Legal Framework quality of the food during quarantine, the most As described above, those placed in quarantine are entitled to the protections afforded to all asylum seekers under the RCD, as well as the additional protections afforded to detained asylum seekers. Under both legal frameworks, Greek authorities must ensure “an adequate common refrain was laughter–“it’s wild that you even ask,” one woman responded. Interviewees confirmed that they were provided three meals per day while in quarantine, but every single interviewee reported that the food was of poor quality. standard of living for applicants, which guaran- According to four interviewees, the food pro- tees their subsistence.” 146 Such conditions in- vided in Lefkonia between December 2021 and clude adequate food and nutrition. February 2022 was inadequate and, often, ined- This requirement is elucidated under international law. The ECtHR has held that a state’s failure to provide sufficient food to asylum seekers–detained 147 and non-detained 148 alike– would raise issues under ECHR Article 3. The ible. Given new arrivals to Chios are often stranded in the wilderness without food or water for hours and sometimes days, the provision of water and nutritious food is essential for the maintenance of their health. From November Art. 17 para. 2 Directive 2013/33/EU; Art. 59(1) Law 4939/2022 (conditions must allow for “an adequate standard of living that guarantees their maintenance and protects their physical and mental health, with a view to respect for human dignity. The same standard of living is ensured in the case of detainees.”). 147 ECtHR, Judgment of 07 November 2017, 37717/05, Dudchenko v. Russia, para 130. 148 ECtHR, Judgement of 2 March 2021, R.R. and others v. Hungary, 36037/17, para 48-65, (With regard to R.R.’s lack of access to food and his situation of extreme poverty, the Court emphasized that the applicant could not leave the transit zone and as a result, was fully dependent on the Hungarian authorities for his most basic human needs. In that regard, the living conditions which R.R. had been subjected to were incompatible with Art. 3 ECHR). 149 UN General Assembly, ‘United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)’ (17 December 2015) A/RES/70/175, rule 22, available at: https://bit.ly/3E6sxh4. 150 ECtHR, Judgment of 20 October 2016, 7334/13, Muršić v. Croatia, para 166. 151 UN General Assembly, ‘United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), (17 December 2015) A/RES/70/175, rule 22, available at: https://bit.ly/3E6sxh4. 152 World Health Organization, Considerations for quarantine of contacts of COVID-19 cases, Interim Guidance (25 June 2021), 3, available at: https://bit.ly/40MnuMC (amending the previous guidelines, under WHO, Considerations for quarantine of individuals in the context of containment for coronavirus disease (COVID-19), Interim guidance 19 March 2020). 146 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios