the asylum procedure, understand the conditions of their de facto detention, or access legal assistance. 37The same research highlighted the case of a Greek lawyer that was denied access to Diavata RIC by security staff, despite presenting at the facility with two clients who orally expressed authorisation for the lawyer to represent them; in this case, the lawyer had previously contacted the RIC authorities to request entry, but did not receive a response. 38 b) Access to legal assistance during reception and identification procedures As per Greek law, persons undergoing reception and identification procedures are subject to a restriction of liberty for an initial period of 5 days, which may be extended to a total of 25 days by decision of the Director of the RIC. 39 The decision to extend the restriction of liberty must be issued within 5 days after entry to the RIC 40 and people whose liberty is restricted must be informed of their right to appeal the decision, 41 in a simple and accessible manner and in a language they can understand or are reasonably expected to understand. 42 In practice, the authorities do not comply with the law. _________(1) Samos: Access to legal assistance for people in de facto detention All newly arrived asylum seekers are by default and without individual assessment de facto detained to the CCAC. 43During their detention they are deprived of legal assistance.44 As a result of the exit ban, asylum seekers are unable to seek legal assistance from actors located in the town of Vathy, which is located 8 km from the facility. Yet, legal actors on Samos observed that orders of ‘restriction of freedom’ are consistently issued after detention has already begun, and 45 not upon their entry as provided by Article 40(a) of Law 4939/2022. This blanket detention 46 measure remains subject to ongoing infringement proceedings by the EU. I Have Rights understands that upon arrival every asylum seeker's phones are confiscated by the Hellenic Police when they are escorted to the Samos CCAC.47 People are forced to write the passcode to their phone on a sticky note when handing their phones over. Phones are only returned to people days later when they are permitted to collect them from an administrative container within the CCAC. It is unclear which legal procedure -and legal basis, if any- is used for phones to be taken as, like with the systemic practice of pushbacks, the police have denied the existence of this practice. 48 _________________________________ 37. Mobile Info Team. 2023. Protection Unavailable: Dysfunctional Practices and Restrictions on the Right to Asylum. Available at: https://www.mobileinfoteam.org/ric. 38. Ibid. 39. Article 40, Greek Law 4939/2022. 40. Ibid. 41. Article 40(b), Greek Law 4939/2022. 42. Article 39, Greek Law 4939/2022. 43. Avocats Sans Frontieres France et al. Joint Statement. 2023. Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos. Available at: https://reliefweb.int/report/greece/unlawful-detention-and-worseningconditions-over-4000-asylum-seekers-unlawfully-detained-samos-and-lesvos. 44. Greek Council for Refugees and Oxfam International. 2022. Inquiry on Fundamental Rights in the EU-funded Migration Facilities on the Greek Islands Case OI/3/2022/MHZ. Available at: https://www.gcr.gr/media/k2/attachments/CONSULTATION_REPLY_202201225_20230131_180325.pdf. 45. Ibid. 46. Infringement procedure INFR(2022)2156, for its incompatibility with the EU Reception Conditions Directive 2013/33/EU. See January Infringement Packet, available at: https://ec.europa.eu/commission/presscorner/detail/en/inf_23_142; Dimitris Aggelidis. 2023. ‘Απολογούμενη για ζητήματα προσφύγων η Ελλάδα’. efsyn. Available at : https://www.efsyn.gr/ellada/dikaiomata/376712_apologoymeni-gia-zitimata-prosfygon-i-ellada. 47. I Have Rights et al. 2023. Joint Statement – Unlawful Detention and Worsening Conditions: Over 4000 Asylum Seekers Unlawfully Detained on Samos and Lesvos Available at: https://ihaverights.eu/over_4000_asylum_seekers_unlawfully_detained_on_samos_and_lesvos/ 48. See Annex 7 for the response from the Police in Samos when asked which legal basis is used for the removal of asylum seekers’ phones upon arrival to the island. 05