CCAC amounts to arbitrary detention, is in contravention with Greece’s international obligations and is part of the recent infringement proceedings brought against Greece by the European Commission. This will be considered below. Legal basis As outlined previously, the Greek authorities may only detain applicants of international protection as a last resort, on an individual basis and where "less coercive alternative measures cannot be applied effectively".[146] The RCD provides that applicants of international protection may be detained to: 1. determine or verify their identity; 2. determine those elements on which the application for international protection is based which could not be obtained in the absence of detention, particularly when there is a risk of the applicant absconding; 3. decide on the applicant’s right to enter the territory.[147] The CCAC has the power to introduce technical measures of control, such as the requirement that individuals present an asylum seekers card.[148] However, the Decision reaffirmed that the detention of applicants of international protection must only occur with reason and if it is necessary and proportionate. The asylum seeker card is a purely administrative measure which has no basis beyond "technical measures of control".[149] The enforcement of this measure on Samos, however, means that asylum seekers in the CCAC are de facto detained and deprived of certain procedural rights. Detention as a limitation on the CFR Article 6 fundamental right to liberty and ECHR Article 5 right to liberty and security of the person, must satisfy a higher proportionality threshold.[150] [146] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying down standards for the reception of applicants for international protection (recast). Article 8(2) and Article 50(2) Greek Law 4939/2022. [147] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying down standards for the reception of applicants for international protection (recast). [148] General Regulation on the Operation of Closed Inspectorates (Decision No 25.0/118832). [149] Ibid. [150] J. N. v Staatssecretaris van Veiligheid en Justitie [2016] CJEU (Case C-601/15). Page 42

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