46 Application public health, preventive and therapeutic Almost every person interviewed had experi- measures are taken as necessary.”189 enced some psychological trauma or belonged Notably, in November 2021, the ECtHR found a to a vulnerable group. Yet, there is no possibility violation of Article 3 when a State held an appli- for asylum seekers to access a psychologist cant for international protection in an addi- while in quarantine, nor is there any screening tional, unnecessary COVID-19 quarantine that mechanism to ensure heightened protections posed a risk to his health.190 The ECtHR has also for vulnerable individuals, such as those with reiterated in its jurisprudence that states have a serious medical conditions, survivors of torture positive obligation to prevent the spreading of and ill-treatment, or persons with disabilities. contagious diseases in detention centres, to in- An employee who had access to the quarantine troduce a screening system for detainees upon stated that “almost everyone [we assist in quar- admission, and to guarantee prompt and effec- antine] is stressed.” This is corroborated by tive treatment. 191 It also warns against over- those interviewed. Samuel quarantined in crowding.192 spring 2022 stated that he couldn’t remember International guidelines provide detailed pro- how many people were in the quarantine be- tections regarding the COVID-19 quarantine. cause “by then, I was traumatized.” The WHO mandates the implementation of Instead of providing necessary psychological minimum support and treatment, the Greek authorities within all COVID-19 quarantine sites. 193 To ac- place asylum seeker in quarantine under condi- commodate social distancing measures, the tions which deteriorate already existing trauma WHO requires that state-run facilities provide and mental health conditions. either “adequately ventilated, spacious single cc) Additional Obligations During a Pandemic Legal Framework EU and Greek law generally require that asylum seekers undergo medical examinations to screen for contagious diseases and provide that “the competent authorities shall ensure that infection-prevention measures rooms with en-suite facilities” or well-ventilated rooms with beds “placed at least 1 meter apart.” It also instructs authorities to conduct daily symptom-screenings and temperaturechecks, to manage anyone with a fever or respiratory symptoms as a possible case of COVID-19, and to ensure that those with heightened risk of Art. 54 Law 4939/2022 and Art. 13 Directive 2013/33/EU. ECtHR, Judgment of 11 March 2021, 6865/19, Feilazoo v Malta, (the Court examined an issue of automatic placement of new arrivals in Covid-19 quarantine. The Court held that because the applicant had undergone de facto isolation during the first 45 days of his detention in Malta, there was no need for another quarantine period, especially if such quarantine is done together with other detainees and exposes the applicant to a new risk of contracting Covid). 191 But the Court grants states a margin of appreciation regarding specific measures that should be taken. See: ECtHR, Judgement of 24 February 2009, 9870/07, Poghosyan v. Georgia; ECtHR, Judgment of 03 March 2009, 23204/07, Ghavtadze v Georgia. 192 ECtHR, Judgment of 23 July 2013, 55352/12, Aden Ahmed v. Malta, para 87; ECtHR, Judgment of 07 July 2005, 53254/99, Karaleviˇcius v. Lithuania, para 36; ECtHR, Judgment of 10 December 2020, 42732/12, Ananyev and Others v. Russia, para 143–148. 193 World Health Organization, Considerations for quarantine of contacts of COVID-19 cases, Interim Guidance (25 June 2021), 3, available at: https://apps.who.int/iris/handle/10665/342004 (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). 189 190 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios