During this time and as implied by the notion of a quarantine, people were
unable to leave the quarantine zones of the CCAC, depriving them of their
freedom of movement. Thus, according to the RCD definition, those held in the
quarantine section of the CCAC were de facto detained. Similar to the facts of
Khalifa,[126] the degree to which people were indiscriminately detained for
inconsistent periods and surveilled further suggests this mandatory quarantine
amounted to a deprivation of liberty, to be considered in light of Article 5 of the
ECHR.
From the 1st of May 2022, Greece dropped all COVID-19 entry measures for
tourists.[127] Meanwhile, the final renewal for the mandatory quarantine was
issued as late as 27 October 2022 for those applying for international
protection at the Reception and Identification Centres in Greece.[128] Public
health is cited as a legitimate purpose for detention, within the meaning of
Article 8(3) of the Directive, however, only where necessary and proportionate.
The clear distinction made between the arrival of tourists and the arrival of
people seeking international protection likely places the practice in conflict with
these two principles. If the basis for detention was that it was necessary as a
matter of public health, there is no reason why those seeking international
protection posed a greater risk than other groups arriving in Greece. Yet, all
travel restrictions for tourists were dropped in May, including a negative COVID19 test.[129]
The deprivation of freedom of movement and the highly-securitised nature of
the mandatory quarantine, in so-far as even access to medical treatment was
prevented,[130] indicates that the detention was disproportionate to the aims of
preventing the spread of COVID-19. As a consequence, the mandatory
quarantine amounts to arbitrary detention or an unlawful deprivation of liberty
in breach of Article 5 of the ECHR. In the remainder of this section, the detention
must be considered in light of the guarantees and obligations which arise from
international and European human rights law.
[126] Khalifa v Italy (GC) [2016] ECHR (App No 16483/12).
[127] Lucy Thackray. 2022. Greece to drop all Covid entry restrictions from Sunday. Available here.
[128] Joint Ministerial Decision no. Δ1α/Γ.Π.οικ.61055/27-10-2022 (published in Government gazette
sheet no 5563/Β/27-10-2022).
[129] Lucy Thackray. 2022. Greece to drop all Covid entry restrictions from Sunday. Available here.
[130] Médecins Sans Frontières. 2022. In Greek Reception Centres, Asylum Seekers are Stranded in
prison-like conditions. Available here.
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