Section 1: The Law - Detention and Deprivation of Liberty For the reasons summarised above, in this chapter we aim to address the legal basis and restrictions on the detention of people on the move in the EU and in particular, the sources of the various forms of detention that those arriving at the Greek Eastern Aegean islands experience in the Samos CCAC. The legal parameters defined and analysed in this chapter will be referred to in the remainder of this report. The Charter for Fundamental Rights of the European Union (CFR) guarantees the right to asylum with due respect for the rules of the 1951 Geneva Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees.[10] In a context where people on the move are constantly framed according to their entry as ‘irregular’ or ‘illegal’, the right to asylum is guaranteed. Moreover, Article 31(2) of the 1951 Convention explicitly provides that states must not penalise refugees who enter ‘without authorisation’. For many scholars, Article 31(2) is seen to preclude detention which is punitive.[11] Nevertheless, the EU permits the use of administrative detention for certain limited circumstances. These permissions must be read with the understanding of this fundamental right to asylum, in addition to various applicable international and European legal protections. In the following sections, we consider what amounts to detention within EU law and under which specific grounds detention is permitted. We consider the specific safeguards, guarantees and legal remedies which must be upheld where detention is used. Recent case law from the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) demonstrate that several member states, including Greece, consistently apply policies which breach both European and international law. 1.1 Defining detention For those seeking international protection within the EU, the Reception Conditions Directive (RCD) sets as a starting point that "applicants may move freely within the territory of the host Member State".[12] As opposed to states ___ [10] Charter of Fundamental Rights Of the European Union (2000/c 364/01). Article 18. [11] Guy S Goodwin-Gill. 2001. Article 31 of the 1951 Convention relating to the Status of Refugees: Non-penalisation, detention and protection. Department of International Protection for the UNHCR Global Consultations, 54. [12] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast). Article 7(1). Page 7