© Romy van Baarsen_ Romy Aimee Photography Over the last two years of its operation, people have been prevented from leaving the CCAC by various changing measures that the authorities describe simply as ‘restrictions’ to the facility. Shortly after opening in November 2021, the authorities insisted that only those with an asylum seeker’s card could enter and exit the CCAC, therefore preventing those who are newly arrived and those who received a negative asylum decision from leaving (17). This was eventually ruled unlawful for the later group by the Administrative Court of Syros in December 2021 (17). In the first few months of the CCAC, constant legislative changes made it difficult to identify the legal basis for the ‘restriction’ to the CCAC and people were not provided an administrative decision or information regarding the legal basis for such a ban (18). By March 2022, all newly arrived people to Samos were blanket detained in the CCAC once again until they received an asylum card. The restriction to newly arrived people was exacerbated by the fact that people arriving to the islands were still subject to a mandatory quarantine until 25 November 2022–per Joint Ministerial Decision 51236/22–despite other third country national entry measures (including for tourists) ending by 01 May 2022 (19). The CCAC is currently governed by Greek Law 4939/2022, which came into force in June 2022. Article 40 of Law 4939/2022 provides for ‘a state of restriction of their freedom’ by the issuance of a restriction of freedom order for 5 days, which may be extended by a further order for up to a total of 25 days (20). This measure is justified by the authorities as for the purpose of undertaking identification procedures—not defined by the provision or elsewhere in Greek law. As such, the restriction should end where an individual has been ‘identified’ prior to the 25-day period. Despite the wording of a ‘restriction’ to the CCAC, the measure amounts to deprivation of freedom of movement which is both arbitrary and unlawful (21). Deprivation is determined according to the concrete situation arising from measures affecting freedom of movement, and taking into consideration duration, degree and intensity of the circumstances (22). This is primarily interpreted within the meaning of article 6 of the EU Charter for Fundamental Rights and 6

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