43 depending on the time period of quarantine. Ac- that any quarantine be carried out by medical, cording to an employee who had access to the nursing, or health personnel in appropriate facility, the government has hired individuals to premises or establishments. 168 EU and Greek clean the common spaces in Lefkonia, including asylum law further require that states provide bathrooms and the kitchen. It is unclear when asylum seekers with “emergency care,” “essen- this practice began, but two people quarantined tial treatment of illnesses” and “necessary med- in August 2021 and another in January 2022 be- ical or other assistance to…[those with] special lieved the building and bathroom were clean.167 reception needs.”169 Moreover, the law provides However, three interviewees quarantined at dif- detained asylum seekers in quarantine with ad- ferent times after August 2021 stated that they ditional protections and imposes a higher re- cleaned bathrooms themselves, and only two sponsibility on the state for ensuring their people reported that they were given cleaning health. supplies. Omer, quarantined in Chios in winter “Health, including the mental health of de- 2021, was quarantined in a small room with tained applicants who are vulnerable: as “a pri- seven other people. He reported that the 34 peo- mary concern” and “shall ensure regular ple in the facility shared one bathroom consist- monitoring and adequate support taking into ing of two toilets and one shower that was “very account their particular situation, including bad.” He described the quarantine facility as “a their health.”170 very crowded, small, dirty place.” Ali, quarantined The ECHR does not specifically guarantee a two months later, stated that the group of 24 right to healthcare which would be considered people he was with had no hot water and no a socio-economic right.171 However, in the case working shower for the duration of the 15-day Greek authorities must maintain of detention—where people are fully depend- quarantine. Instead, they used a kettle to heat ent on the state—there are no precise and clear water for washing their bodies. boundaries between the rights enshrined in the v. Access to Health Care Convention and socio-economic rights. Gener- aa) General Aspects Legal Framework At a minimum, Greek COVID-19 laws require ally, the national authorities must ensure to provide adequate172 and prompt173 medical diagnoses and treatment to detainees – failure to do Abdul. Art. 1(3) Law 4682/2020. 169 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, p. 1481. See also Art. 51(7), 52(1) Law 49392022. 170 Art. 11 of Directive 2013/33 / EU; Art. 52(1) Law 4939/2022. 171 Matters such as health and other socio-economic rights are traditionally addressed in instruments such as the European Social Charter or by the UN International Covenant on Economic, Social and Cultural Rights. 172 ECtHR, Judgment of 26 May 2011, 27617/04, RR v Poland, para. 152; ECtHR, Judgment of 29 April 2002, 2346/02, Pretty v the United Kingdom, para. 52. 173 ECtHR, Judgment of 30 July 2009, 34393/03, Pitalev v. Russia, para. 54; ECtHR, Judgment of 02 June 2009, 36936/05, Szuluk v. the United Kingdom, para 43-55 (the Court has highlighted that medical assistance must be in line with Art. 8 ECHR and Chapter III, paragraphs 34 and 50 of the CPT standards respecting the detainee’s privacy and the principle of medical confidentiality.) Note that CPT Standards for Immigration Detention, CPT/Inf (93)12-part are available at: https://rm.coe.int/16806ce943. 167 168 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios