40
2020 until now, all but one interviewee de-
legally detained, European human rights law
scribed the food provided to them in the quar-
provides them with additional guarantees.154 In
antine as inedible. Most persons interviewed
fact, a lack of heating can be an aggravating fac-
explained that they sometimes spotted blood in
tor leading to “hardship of an intensity exceed-
the meat, and that they mostly just survived on
ing the unavoidable level of suffering inherent
bread or biscuits so as not to starve. Khaled, a
in detention, thus constituting degrading treat-
Palestinian quarantined on Chios in fall 2021,
ment” in violation of Article 3 ECHR. 155 ECtHR
echoed these sentiments:
has recognized that while authorities cannot be
“The food was bad and most of the time not edible.
expected to provide the most advanced technol-
The meat they brought us smelled like blood–it was
ogy to ensure heating, it has stated that the pro-
not really cooked. They bring rice with peas; with
vision of blankets is not necessarily enough for
black things we could not trust. We would eat just to
vulnerable detainees.156
stave off our hunger. Most people just survived on
Application
the bread.”
In general, those quarantined between Decem-
Joseph and Omer both reported losing weight
ber 2021 and February 2022 complained of a
while quarantined on account of poor nutrition.
lack of heating in the facility. On Chios, the tem-
Joseph, who is a UAM, remembers only eating
perature during these months can reach -1-de-
on Thursdays and Fridays when the chicken and
gree Celsius with winds off the Aegean Sea
fish were provided, but on other days he only ate
reaching up to 70 kilometers per hour. Given
the bread. Omer explained that the food pro-
that Lefkonia is close to the sea in a commercial
vided was never enough to leave him full, but “it
building not meant for habitation, the cold in-
keeps you going.”
side can feel especially harsh.
ii. Inadequate Heating
Omer told us “There was no heating; we only had
Legal Framework
As adequate heating in the winter months is an
underlying determinant of physical health, and
therefore indispensable in order to ensure adequate material reception conditions, Greece is
required to ensure quarantine facilities are adequately insulated under EU and Greek law.153
Further, as asylum seekers in quarantine are
blankets. The water was cold which made it hard to
shower. It was December, so it was very cold.” Abdel,
quarantined around the same time, confirmed
that, “There was no hot water. The weather was
cold, so the water was…almost ice. We were concerned that we might get sick from showering with
the cold water.”
Children and pregnant women were also not
Greece must ensure that “material reception conditions provide an adequate standard of living for all applicants” which protect “their physical and mental health.” Art. 17 para. 2 Directive 2013/33/EU; Art. 59(1) Law 4939/2022 (conditions must allow
for “an adequate standard of living that guarantees their maintenance and protects their physical and mental health, with a view
to respect for human dignity. The same standard of living is ensured in the case of detainees.”); Recital 18 Directive 2013/33/EU;
Art. 10 Directive 2013/33/EU.
154
ECtHR, Judgement of 03 May 2016, 56796/13, Abdi Mahamud v. Malta, para 85; see also ECtHR, Judgment of 23 July 2013,
55352/12, Aden Ahmed v Malta, para 94.
155
ECtHR, Judgment of 20 October 2020, 33729/18, Bădulescu v. Portugal.
156
ECtHR, Judgment of 03 May 2016, 56796/13, Abdi Mahamud v. Malta, para 85.
153
‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios