acutely aware of the potential for violence and inhuman treatment on Samos
and the total impunity that those who conduct human rights violations and
pushbacks have so far been guaranteed.[8]
Upon arrival at the CCAC, people are subjected to the following procedure: until
November 2022 they were detained in the quarantine zones of the structure,
with the time of detention varying from five days to three weeks. Upon
completion of the quarantine period, or, after November 2022 when the
mandatory quarantine was dropped, on arrival to the structure, asylum seekers
are given an order for "restriction of freedom", which the Reception and
Identification Service (which belongs to the General Secretariat for Reception of
Asylum Seekers of the Ministry of Migration and is the state authority
responsible for the CCAC, RIS) uses to de facto detain all new arrivals for up to
25 days in the general population sections of the CCAC. These 25 days do not
include the time spent in quarantine. While de facto detained, people undergo
at least three interviews with the authorities, with some people even having a
fourth, their full asylum interview, before they can leave the CCAC. After this
period of detention ends, people are permitted to leave the structure but are
subjected to restrictions on their freedom of movement and are under intense
surveillance and control by the authorities. If a person's asylum application is
rejected, they risk being detained until their appeal is submitted. While currently
not in operation, the CCAC also accommodates a Pre-Removal Detention
Centre (PRDC) which, when opened, will be used to detain third country
nationals pending their deportation.
This report has been prepared to show that the nature and conditions of the
CCAC constitute (i) systemic breaches of Article 5 of the European
Convention of Human Rights (ECHR); and (ii) systemic inhuman and
degrading treatment under Article 3 of the ECHR. Given the factual
circumstances of the CCAC amounting to systemic arbitrary detention, as will
further be developed, the present report will refer to the CCAC as ‘de facto
detention’ and those accommodated within it as ‘detained’. The report
highlights that the operation of the CCAC by the Greek State as a de facto
detention site facilitates an evasion of the implementation of legal safeguards,
leaving those within the CCAC in a particularly stark situation in which they are
both (i) subject to unlawful deprivation of their liberty; and (ii) without access to
safeguards. The reality of Samos stands in stark contrast with EU Commissioner
_
[8] ECRE. 2021. Greece: Increase of Pushbacks with Impunity Amid Ongoing Crackdown on
Solidarity, Türkiye Considered "Safe" by Greek Authorities Sets New Record of Deportations,
Thousands of Vulnerable Refugees Left Without Adequate Accommodation After Closing of ESTIA
Programme. Available here.
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