45 bb) Mental Health for any known diagnosed conditions. 183 ,184 The Legal Framework Court held, that the psychological condition of EU and Greek asylum law specifically require detainees needs to be assessed properly by tak- that asylum seekers in reception services, as ing into account the individual’s health and the well as detained asylum seekers, receive “essen- effect of the manner of detention on him or her. tial treatment for… serious mental disor- It has recognised that detainees with mental ders”.”179 disorders are more vulnerable than ordinary de- Further, those temporarily held in quarantine are legally entitled to appropriate psychological support under European human rights law. The Court has consistently held that Article 3 ECHR180 requires states to ensure that the mental well-being of prisoners is adequately secured. 181 Under current jurisprudence, states tainees, and that certain requirements of prison life pose a greater risk that their health will suffer.185 It is essential that proper treatment for the problem is diagnosed, and suitable medical supervision is provided.186 It is not enough for such detainees to be examined and a diagnosis made.187 must assess (and diagnose) the psychological Lastly, the CPT has explicitly emphasized that conditions of those it intends to quarantine and those being temporarily held in quarantine therefore detain–with a recognition that deten- should have access to appropriate psychological tion often poses a greater risk to vulnerable in- support.188 dividuals 182 –and it must provide those quarantined with proper and timely treatment Art. 19 Directive 2013/33/EU. See also Art.17 Directive 2013/33/EU; Art.51(7), 59(1) Law 4939/2022 (“The competent authorities shall ensure that: (a) the applicants are provided with adequate medical care during their detention; “The competent Authority “shall…provide applicants with an adequate standard of living that…protects their… mental health, with a view to respect for human dignity. The same standard of living is ensured in the case of detainees”). 180 Mental Health related questions may also arise regarding Art. 2 ECHR (prevention of suicide). Furthermore, the conditions in which a person suffering from a mental disorder receives treatment are also relevant in assessing the lawfulness of his or her detention within the meaning of Art. 5 ECHR, See ECtHR, Judgement of 31 January 2019, 18052/11, Rooman v. Belgium, para 194, 208. 181 ECtHR, Judgement of 20 January 2009, 28300/06, Sławomir Musiał v. Poland, para. 87. 182 ECtHR, Judgment of 31 January 2019, 18052/11, Rooman v. Belgium, para. 145. Note also that the state’s assessment of a person’s situation must include the person’s vulnerability, including their inability to complain coherently or at all about how they are affected by any particular treatment. ECtHR, Judgment of 26 April 2016, 10511/10, Murray v. the Netherlands, para. 106; See also, ECtHR, Judgment of 24 September 1992, 10533/83, Herczegfalvy v. Austria, para. 82, ECtHR, Judgment of 30 July 1998, 61/1997/845/1051, Aerts v. Belgium, para. 66. 183 Ibid at para. 106; ECtHR, Judgement of 12 February 2008, 34151/14, Pankiewicz v. Poland, 2008, para. 45; ECtHR, Judgement of 31 January 2019, 18052/11, Rooman v. Belgium, para. 209. 184 An absence of a comprehensive therapeutic strategy aimed at treating a detainee with mental health issues may amount to “therapeutic abandonment” in breach of Art. 3 ECHR. See: ECtHR, Judgement of 21 January 2020, 34602/16, Strazimiri v. Albania, 2020, para. 108-112. The Court has applied the above principles to the treatment of various mental health issues suffered by detainees, including those with posttraumatic stress disorder–a condition prevalent amongst the asylum seeker population arriving to the Greek islands. See: 3 ECtHR, Judgement of 14 September 2007, Novak v. Croatia. 185 ECtHR, Judgement of 31 January 2019, 18052/11, Rooman v. Belgium, para. 145. 186 Ibid para. 106. 187 Ibid. 188 The CPT has emphasized that those being temporarily held in quarantine should have access to appropriate psychological support, CPT, Advice of the Subcommittee to States parties and national preventive mechanisms relating to the coronavirus disease (COVID-19) pandemic, CAT/ OP/10, 7 April 2020, Para: 10c-g, available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsmnkWj9nPReIXF38sJVEmObdzmiBYGgm3PXKqylC2G2PUWDXdX0OI2hmAdD6KRvyvSpo42iJRGE9tktijgv9DAc%3D; States are required to adequately secure the mental health and well-being of detainees within their custody, see ECtHR, Judgment of 20 January 2009, 28300/06, Sławomir Musiał v. Poland, para. 87. 179 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios