lacked sufficient procedural safeguards, without access to a doctor and with
reported instances of police violence,[136] certainly did not provide asylum
seekers with greater protection.
As had previously been the case regarding COVID-19 entry restrictions,
measures made on the basis of country of origin or most recent country of
residence were generally accepted as reasonable discriminatory measures on
the basis of public health. However, the blanket detention did not apply to all
arrivals from Türkiye, as would be the most recent country of departure for most
people seeking international protection on Samos. Rather, the detention was
only those arriving to apply for international protection and thus, likely
amounted to discriminatory de facto detention in breach of Articles 5 and 14
of the ECHR and Articles 6 and 21 of the CFR.
Detention of Vulnerable Applicants and those with Special Reception
Needs
The immediate and indiscriminate detention of individuals who arrived on
Samos prevented the appropriate protection and guarantees afforded to
vulnerable applicants and those with special reception needs. In Section 1.3 ‘, we
outlined the categories of vulnerable applicants and people with special
reception needs, as well as the minimum standards provided for in the RCD and
Greek International Protection Act.
Despite these specific categories of 'additional' protection needs, the
mandatory quarantine did not sufficiently distinguish individuals for the
purpose of ensuring adequate support. The Directive provides that UACs be
detained only in exceptional circumstances and that women should be
accommodated separately.[137] Whereas the main sections of the CCAC
provide different facilities for women and unaccompanied children, the
quarantine was not separated. As such, UACs were not identified prior to
quarantine and were detained together with the adult population. Moreover,
there is no evidence that any form of assessment of vulnerabilities or required
medical treatment beyond emergency care was undertaken. For example, MSF
reported that a person with diabetes was rushed to the Samos hospital from
quarantine with a life-threatening condition after his medical condition went
unidentified.[138]_______
[136] Nektaria Psarakis. 2023. Άγρια κακοποίηση προσφύγων στο ΚΕΔ Σάμου από αστυνομικούς –
«Ξεκινάμε άμεσα ΕΔΕ», η απάντηση της ΕΛ.ΑΣ στο TPP. Available here.
[137] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying
down standards for the reception of applicants for international protection (recast). Article 11(3)
and Article 11(5).
Page 37
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