In Kos, the residents of the CCAC have very limited access to basic supplies and good quality food, while the accommodation areas are in very poor condition, partially damaged and in need of maintenance. Living conditions in the CCAC further deteriorate in times of mass arrivals due to lack of adequate spaces to accommodate people, newly-arrived individuals are placed in common spaces (i.e., restaurants, classrooms), without beds, mattresses, blankets, etc. Part of the PRDC in Kos is also used as accommodation area. Issues related to restricted freedom of movement even between the different sections of the CCAC persist. As a result, the access of the residents to sections where the offices of the administration are based is hindered. 229 Regarding the conditions prevailing in the CCAC, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has observed: The living conditions at the CCACs visited were poor at the time of the visit, notably due to overcrowding, and the conditions of detention for large numbers of persons met at Kos CCAC could only be described as inhuman and degrading. For instance, in some accommodation areas, up to eight persons were accommodated in 10 m2 rooms and many persons had to sleep on the floor without even a mattress. The former RIC area had been temporarily re-opened even though it was unfit for human habitation and most containers had no functioning sanitary facilities and no electricity. Further, there was a lack of hygiene and cleaning products, as well as non-food items (including beds mattresses, and blankets, as well as winter clothing and shoes) offered to foreign nationals. The totally chaotic and undignified way in which food was distributed at Samos CCAC, with hundreds of persons jostling to get their portion of food, should also be reviewed. The Greek authorities should ensure that all persons who are detained in a CCAC or RIC are offered decent living conditions.230 Furthermore, repeated reports by civil society organisations since the inauguration of CCACs to date, indicate prison-like conditions in the CCACs.231 As the European Ombudsperson has pointed out, the new structures on the islands "are, rather, reminiscent of detention facilities", raising doubts as to “how respect for human dignity and protection of the best interests of the child and of vulnerable individuals can be ensured” in these facilities". Also, the European Ombudsperson suggested that the Commission should carry out a fundamental rights impact assessment of the centres, with a view to identifying measures to mitigate any potential risks.232 Moreover, the CPT has pointed out that ‘the new EU-funded “Closed Controlled Access Centres” (CCACs) on the Aegean Islands have the potential to offer better living conditions for migrants and asylum seekers for periods of up to a few months. However, they face significant shortcomings, and the basic reception and protection needs of applicants for international protection are often not met. In the CPT’s view, the excessive security and unnecessary barbed wire fencing make the CCACs unsuitable for accommodating children and persons in a vulnerable situation. Moreover, when the number of foreign nationals arriving on the islands increases, the systems break down quickly and many persons find themselves being subjected to treatment which could be described as inhuman and degrading. This was the situation found by the CPT delegation during the visit, notably at the Kos and Samos CCACs’.233 The Ministry of Asylum and Migration focuses on the 24/7 surveillance and security control mechanisms of the new centres, while the residents face practices of illegal de facto detention and arbitrary restrictions of personal liberty and freedom of movement and have limited access to healthcare. 229 230 231 232 233 GCR, Absolutely inadequate conditions in the new Closed Controlled Access Center (CCAC) of Kos: The European Court of Human Rights has granted Interim Measures, 14 December 2023, available at: https://tinyurl.com/mr36kzwr and Civil Society Joint Statement, Not again in 2024: Call for upholding human rights in the Samos Closed Controlled Access Centre, 31 January 2024, available at: https://bit.ly/3vKHJje, RSA, “Refugee facilities on the Aegean islands”, Kos, 10 December 2024, available here, GCR’s observations from the field. CPT, Executive Summary of the CPT Report to the Greek Government on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 20 November to 1 December 2023, available here; and CPT, Council of Europe anti-torture Committee (CPT) again calls on Greece to reform its immigration detention system and stop pushbacks, 12 July 2024 available here. Civil Society Joint Statement, Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos,19 September 2023, available at: https://tinyurl.com/727ubb4r. European Ombudsperson, Decision in strategic inquiry OI/3/2022/MHZ on how the European Commission ensures respect for fundamental rights in EU-funded migration management facilities in Greece, 7 June 2023, https://tinyurl.com/3v82dswd, para. 48. CPT, Executive Summary, CPT/INF (2024)21-Part, available here and CPT, Council of Europe anti-torture Committee (CPT) again calls on Greece to reform its immigration detention system and stop pushbacks, available at: https://tinyurl.com/442wpk7t. 59

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