Member States are under an obligation to prevent and investigate instances of
ill-treatment by those detained or by the staff of the facilities.[144] Further, the
Greek Code of Criminal Procedure requires investigating officers or employees
to report criminal acts by officers to the Public Prosecutor without delay (Article
38). The Press Project received reports from CCAC workers that incidents of
brutal violence against refugees are a "common secret" within the Samos
CCAC and that the Director had been officially informed of these attacks.[145]
The Director denied that he had approached A.M.A. The Press Project was
informed by the Northern Aegean General Police Directorate that an
administrative investigation had begun.
In addition to the fear of reprisal, the ability to report instances of abuse after
quarantine to third parties was significantly curtailed by the further 25-day
restriction to the CCAC. As will be further addressed below, once individuals left
the quarantine they were subjected to a different form of de facto detention.
Conclusion
The mandatory quarantine which individuals ‘newly arriving’ on Samos were
subject to until November 2022 was a form of detention that was not
proportionate to the aims of public health, and therefore in breach of the
Reception Conditions Directive and amounting to an unlawful deprivation of
liberty (Article 5 ECHR). Moreover, the terms of this measure likely amounted
to discrimination. Whereas those with the economic, political, and social
capital to access Greece as a tourist were able to enter without any public
health measures, those seeking international protection were all subject to a
minimum 5-day detention, which was commonly extended, often leaving
people detained for around 2 weeks. As an already vulnerable group, the terms
of the detention of asylum seekers likely led to further re-traumatisation.
Reports from the quarantine reveal that little protection was afforded to
individuals including children, despite the additional protection necessary and
required by international and European law. As highlighted in the final section,
the mandatory quarantine became an arbitrary space in which people report
to have been subjected to dehumanising and degrading treatment by the
authorities in violation of Article 3.
[144] Osman v United Kingdom [1998] ECHR (App no 23452/94).
[145] Nektaria Psarakis. 2023. Άγρια κακοποίηση προσφύγων στο ΚΕΔ Σάμου από αστυνομικούς –
«Ξεκινάμε άμεσα ΕΔΕ», η απάντηση της ΕΛ.ΑΣ στο TPP. Available here.
Page 40
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents