Section 4: Conclusion and recommendations In this report we have highlighted how the nature and conditions of the CCAC constitute (i) systemic breaches of Article 5 ECHR; and (ii) systemic inhumane and degrading treatment under Article 3 ECHR. We demonstrated that the CCAC is a site of de facto and arbitrary detention and this facilitates an evasion of the implementation of legal safeguards, leaving those within the CCAC in a particularly stark situation in which they are both subject to unlawful deprivation of their liberty; and without access to safeguards. The description throughout this report of the ‘prison-like’ infrastructure of the CCAC stands in direct contradiction to the EU’s stated aim of bringing 'dignified reception' at the European external borders.[171] The EU asylum acquis establishes a right to asylum and sets freedom of movement for people seeking international protection as a starting point. Detention should only be used as a measure of last resort and upon an individual assessment.[172] This report shows that far-reaching and cumulative measures affecting people when they arrive on Samos effectively and presumptively produces the CCAC as a site for de facto detention. Without sufficient legal basis, people are arbitrarily detained and deprived of their liberty in breach of Article 5 ECHR, Article 6 CFR and Article 9 ICCPR. This is exacerbated by the fact that even where provided for in Greek Law 4939/2022, the stated basis for detention "violates or at best incorrectly interprets the [Reception Conditions] Directive in relation to the detention of unaccompanied minors and vulnerable groups".[173] For a finding of an unlawful deprivation of liberty, the concrete situation should be taken together with the type, duration, effects, and manner of a measure on the mobility of people seeking international protection. Whilst there are specific instances of a measure drastically curtailing the liberties of people within the CCAC, this report emphasises that it is the cumulative context which produces the CCAC as a space of arbitrary detention for people seeking international protection. Additionally, the RIS of the Samos CCAC pursue deprivation of liberty over alternative measures more suitable for individuals who have experienced trauma and that are proportional to the aims they claim. [171] Directorate-General for Migration and Home Affairs. 2021. Opening of the first new reception centre on Samos. EU Migration and Home Affairs. Available here. [172] Article 8(2). 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). [173] Koraki. 2023. Illegal discrimination and detention – the EU and the Greek government on new arrivals. Available here. Page 51