37 III. Development of Detention Practices outside PRDC (CCAC) EU migration policies and laws, many of which seek to contain asylum seekers to closed centres and undermine their most basic human rights. The first edition of this report limited its scope to the detention practices and policies in the PRDC. On its face, the situation has improved in the past 12 months—asylum seekers are no longer detained upon arrival, the maximum period of detention has been reduced from 18 to six months, and the number of people detained in the PRDC is at an all-time low. Alongside these reforms, however, have emerged new forms of detention on Kos that continue to deprive migrants’ of their fundamental right to liberty. This section introduces three of these policies: between deprivation of liberty, i.e., detention, and a mere restriction of liberty. Detention is defined in EU asylum law as the “confinement of an applicant by a Member State within a particular place, where the applicant is deprived of his or her freedom of movement.”86 From this, the CJEU has held “that detention assumes a deprivation, and not a mere restriction, of freedom of movement, which is characterised by the fact that the person concerned is isolated from the rest of the ⎯ a 25-day restriction of freedom population in a particular place.”87 Detention is ⎯ and use of the new CCAC (D). Each of these issues could be reports on their own and this section does not attempt to provide in-depth reporting or an extensive legal analysis on each issue. However, we have decided to introduce these issues in this update for two reasons. First, all three practices fundamentally restrict asylum seekers’ freedom of movement, and in most cases amount to a deprivation of liberty, and so should be included in any report on detention practices on Kos. Second, the situation on Kos in many ways serves as the blueprint for future Art. 2(h) Directive 2013/33/EU. CJEU, Judgment of 14/05/2020 - C-924/19 PPU and C-925/19 PPU - FMS et al, para. 217. 88 Council of Europe, Recommendation Rec(2003)5 of the Committee of Ministers to Member States on measures of detention of asylum seekers 08/04/2003, available at: https://nxnt.link/tS7Ph. 87 European legal frameworks distinguish ⎯ Covid-19 quarantine (B), imposed on new arrivals (C), 86 A. Legal Framework similarly described in the recommendations of the Council of Europe88 and the detention guidelines of UNHCR,89 on which the legal definition in the Reception Conditions Directive is based.90 In the latter, detention is defined as “the deprivation of liberty or confinement in a closed place which an asylum-seeker is not permitted to leave at will, including, though not limited to, prisons or purpose-built detention, closed reception or holding centres or facilities.” From a human rights perspective, the ECtHR has consistently held that the “difference between deprivation and restriction of liberty UNHCR, Detention Guidelines - Guidelines on Applicable Criteria and Standards Concerning the Detention of Asylum Seekers and Alternatives to Detention, 2012, available at: https://bit.ly/3dp2UL7. 90 CJEU, Judgment of 14/05/2020 - C-924/19 PPU and C-925/19 PPU - FMS et al, para 218. 89 ‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23