During this time and as implied by the notion of a quarantine, people were unable to leave the quarantine zones of the CCAC, depriving them of their freedom of movement. Thus, according to the RCD definition, those held in the quarantine section of the CCAC were de facto detained. Similar to the facts of Khalifa,[126] the degree to which people were indiscriminately detained for inconsistent periods and surveilled further suggests this mandatory quarantine amounted to a deprivation of liberty, to be considered in light of Article 5 of the ECHR. From the 1st of May 2022, Greece dropped all COVID-19 entry measures for tourists.[127] Meanwhile, the final renewal for the mandatory quarantine was issued as late as 27 October 2022 for those applying for international protection at the Reception and Identification Centres in Greece.[128] Public health is cited as a legitimate purpose for detention, within the meaning of Article 8(3) of the Directive, however, only where necessary and proportionate. The clear distinction made between the arrival of tourists and the arrival of people seeking international protection likely places the practice in conflict with these two principles. If the basis for detention was that it was necessary as a matter of public health, there is no reason why those seeking international protection posed a greater risk than other groups arriving in Greece. Yet, all travel restrictions for tourists were dropped in May, including a negative COVID19 test.[129] The deprivation of freedom of movement and the highly-securitised nature of the mandatory quarantine, in so-far as even access to medical treatment was prevented,[130] indicates that the detention was disproportionate to the aims of preventing the spread of COVID-19. As a consequence, the mandatory quarantine amounts to arbitrary detention or an unlawful deprivation of liberty in breach of Article 5 of the ECHR. In the remainder of this section, the detention must be considered in light of the guarantees and obligations which arise from international and European human rights law. [126] Khalifa v Italy (GC) [2016] ECHR (App No 16483/12). [127] Lucy Thackray. 2022. Greece to drop all Covid entry restrictions from Sunday. Available here. [128] Joint Ministerial Decision no. Δ1α/Γ.Π.οικ.61055/27-10-2022 (published in Government gazette sheet no 5563/Β/27-10-2022). [129] Lucy Thackray. 2022. Greece to drop all Covid entry restrictions from Sunday. Available here. [130] Médecins Sans Frontières. 2022. In Greek Reception Centres, Asylum Seekers are Stranded in prison-like conditions. Available here. Page 35

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