On 27 March 2020, RSA applied before the ECtHR and requested interim measures under Rule 39 of the Rules of Court to secure the release of the two children from the Malakasa facility and their transfer to suitable reception facilities. 44 The Strasbourg Court requested the Greek authorities to clarify the conditions of the applicants’ detention in Malakasa, taking into account their age and the COVID-19 pandemic, and to specify whether steps had been taken for the appointment of a guardian, their access to the asylum procedure and their transfer to other facilities. The questions of the Court were as follows: 1. Is the applicants’ physical or psychological integrity at serious risk, taking into account the authorities’ obligations under Article 3 of the Convention? In particular, what are the exact conditions of the applicants’ detention in Malakasa? Are minors detained separately in “a safe zone”? Are there recreational and other activities planned for minors? Have the authorities taken concrete measures for the applicants’ transfer? If so, when are the applicants to be transferred to an adequate reception facility? 2. Have any concrete measures been taken concerning the appointment of a guardian for each of the applicants? Have the authorities assessed the applicants’ best interests? 3. Are the applicants in risk of removal to Turkey? Did the applicants have the opportunity to register their asylum applications? If not, why not? 4. Which measures have been taken or are planned to be put in place in immigration detention centers in relation to the COVID-19 risk, in particular for vulnerable people like the applicants? It is worth noting that, following reports from RSA and other organisations, the Ombudsman also wrote to the authorities to inquire into the situation of unaccompanied children detained during the period of effect of the Decree. 45 In its observations of 6 April 2020, the government responded to the ECtHR’s questions as follows: - While areas of the facility are not separated, “due to the small number of hosted persons, minors’ safety is not at stake given that adequate provision has been made for the delimitation of the space reserved for them and there is sufficient staff to protect them.” The government also stated that the children “will soon be transferred to an accommodation structure suitable for longstanding housing” with the involvement of EKKA, without providing information on any concrete arrangements made. - The government only stated that, from that point on, “a legal guardianship will be appointed”. No further details were provided. - With regard to risks of removal and access to asylum, the government invoked the Decree as an exceptional measure “to manage an extremely urgent and unpredictable threat against the country due to massive attempts of unauthorized entry by foreigners”. It noted that the Decree has ceased to apply and that, from that point on, the applicants “will have the right to submit an asylum application”. It added that the children are not at risk of removal due to their belonging to a vulnerable group and to the fact that they have the right to submit an asylum claim. - As regards measures to prevent the spread of COVID-19 in immigration detention centres, the government referred to provisional measures adopted for Reception and Identification Centres. No reference is made to regulations governing detention facilities. 44 45 ECtHR, R.H. and R.A. v. Greece, Application No 15463/20. Ombudsman, Letter to the Ministry of Migration and Asylum and the Hellenic Police, Ref. No 40, 30 March 2020. RSA LEGAL NOTE │ 2020 9