Similar to other cases, as described above, the applicants received on 7 April 2020 a decision terminating their detention and a referral note to appear before the Asylum Service for the purpose of registering their asylum applications. However, no actions were arranged with a view to appointing them a guardian 46 and no steps were taken to ensure their transfer out of Malakasa. On 15 April 2020, the ECtHR decided not to grant interim measures, on the ground that the government had already made commitments to ensure that the applicants would receive treatment in accordance with Article 3 ECHR. At the time of writing, however, the applicants remained in the facility of Malakasa among adults. While the case remains to be examined by the Court, the refusal to indicate interim measures under Rule 39 appears to pay undue deference to the government’s stated readiness to secure Article 3-compliant treatment to persons affected by the Decree, despite the absence of concrete indications that it is following up on its declared commitments. The two children continue to run a real risk of irreparable harm on account of the persisting living conditions prevailing in Malakasa which are inhuman, precarious and inappropriate for minors. Moreover, as no guardian has been appointed to them, they have no access to domestic remedies. RSA lawyers lodged a fresh request for interim measures on 23 April 2020, The Court has requested the Greek authorities to detail “what concrete measures have been taken for the applicants’ transfer, as well as for the appointment of a guardian” by 4 May 2020 before it takes a decision on interim measures. Conclusion The decision to suspend access to the Greek asylum systems throughout March 2020 has been treated by domestic authorities and courts as a permissible, time-limited exceptionality. Yet, the repercussions of so flagrant a violation of fundamental refugee and human rights law principles outlive the Decree, with affected asylum seekers remaining in arbitrary detention under conditions in no way suitable to guarantee their life and dignity. They set a dangerous precedent for the credibility of international law and the integrity of asylum procedures in Greece and beyond. Safeguarding them requires just as effective and robust redress from the judiciary as it does sound, lawful and principled responses from policymakers. While acknowledging the state’s sovereign power under international law to regulate the entry of non-nationals, it should remain evident that any decision to prevent people from seeking asylum from persecution contravenes a ubiquitous right and the nonderogable principles of non-refoulement and the prohibition on torture and other inhuman and degrading treatment. 46 Pursuant to national law, the Public Prosecutor of Athens is appointed as a temporary guardian for the children in this case. RSA LEGAL NOTE │ 2020 10