There is consensus at both the international and European level that applicant’s
of international protection as a population should receive special protections.
Nevertheless, the CCAC is a space that worsens and reinforces the precarity of
people on the move, likely amounting to inhuman and degrading treatment or
punishment (Article 3 ECHR). Bound up with the fundamental right and
interpretive principle of 'human dignity', potential breaches of Article 3 should
be assessed by their cumulative effects, duration, and the objectives and
stringency of the detention regime. Similar to the potential breaches of Article 5,
the conditions cumulatively make the CCAC a site for inhuman and degrading
treatment and potential re-traumatisation. This report does not consider that
any form of detention of people seeking international protection within the
CCAC is permissible, but it is also clear that the authorities attempts to describe
the space as something other than detention, seeks to circumvent the
additional obligations and safeguards which arise from labelling it as such.
Far from being a humane response to people seeking safety, the Samos CCAC
is a highly securitised structure where people’s right to liberty is severely
restricted. Whether it be through de facto detention in the quarantine and "safe"
zones of the CCAC; the de facto detention of every newly arrived asylum seeker
to the CCAC; or the general restrictions of liberty people must undergo, upon
arrival to the Samos CCAC, people on the move’s rights are undermined.
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