24 arrival in July 2021 in a complaint to the Greek Otherwise, there is a basis in both Greek and EU Ombudsman. In response to that complaint, the law for detaining asylum seekers when its nec- Director of the Chios RIS argued in July 2021 essary to protect national security or public or- that the quarantine was implemented under der (cf. Section IV). However, the authorities on Extraordinary measures to protect public health Chios have explicitly stated that they do not from the risk of further spread of the coronavirus consider quarantine to be detention and so do COVID-19 (JMD 43319/09-07-2021). However, not issue detention orders to people quaran- the referenced JMD does not mention a 14-day tined in Lefkonia. Additionally, although the quarantine for asylum seekers, or a quarantine relevant detention provisions do provide a pos- at all. It simply allowed for “a suspension of exit sible legal basis for quarantine, they still require from the [refugee] camp,” at certain hours of the that authorities issue an individualized deten- day for those already registered with RIS and tion order detailing the reasons for and neces- living in the camp.56 . sity of detention60. One year later, the Chios RIS responded to an in- Despite being in place for more than two years quiry about the legal basis for quarantine by and many attempts by Equal Rights to get clear Equal Rights in June 2022, saying that the police answers, the authorities on Chios implemented implement the quarantine according to Article quarantine without any clear legal basis. In 23 of the 14/03/2020 PNP (A' 64) ratified by Ar- other words, for as long at is existed, the ticle 3 of Law 4682/2020 (A' 76), without mak- Lefkonia quarantine was a legal black box. Ac- ing a reference to the JMD of 1 of May. While cordingly, the quarantine in Lefkonia was per se as of May 2022 there was a JMD that articulated unlawful. Yet, beyond that, without any over- a formal policy,58 there is no individual admin- sight or remedy against it, the quarantine on istrative order issued assessing the implemen- Chios raised numerous legal issues that are tation of the policy on a case-by-case basis, as worth exploring further because of the human 59 will be discussed more in detail in section IV. rights concerns surrounding them. Those issues In addition, the quarantine is stated to be im- are explored in further detailed in the below plemented against those persons who arrive at sections. 55 st 57 the RICs, but, often, persons placed into quarantine have never stepped foot in the RIC. Letter from Chios RIC Director, July 2021. JMDΔΙα/Γ.Π.οϊκ. 43319/2020, more specifically, Art. 1 para. 6 of this law states that “The management of the RICs and other accommodation facilities for third-country nationals shall comply with the operating rules, requirements and procedures set out in Annex II, which forms an integral part of this Regulation. Specific provisions imposing restrictions on the operation of certain RICs and other accommodation facilities for third-country nationals shall remain in force.” 57 Letter from Chios RIC Director, June 2022. 58 See JMD Δ1α/ΓΠ.οϊκ.23983 /2022, Extraordinary measures to protect public health from the risk of further spread of the coronavirus COVID-19, 1 May 2022 which states in Annex II (9) “Specifically the newly arrived third country nationals or stateless persons upon their arrival in the centers and structures of the RIC are subjected to either self-test (self-test) or to test using rapid coronavirus COVID-19 (rapid test). In case the result of the self-diagnostic / rapid examination is negative, they are quarantined for a period of five (5) days. […].”, available at: https://bit.ly/3K7mEEn. 59 Art. 1(2), (4) Legislative Act of 25.2.2020, Urgent measures to prevent and limit the spread of coronavirus, available at: https://www.e-nomothesia.gr/kat-ygeia/astheneies/praxe-nomothetikou-periekhomenou-tes-25-2-2020.html. 60 Art. 50(2)(c) 4939/2022. 55 56 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios