Following a joint complaint made earlier by Samos-based organisations, the Greek Ombudsperson, on the 1st of August, found it imperative that persons suffering from serious illnesses or having other vulnerability characteristics be transferred to facilities in the mainland, in accordance with Greek law, so that they can enjoy special and dignified reception conditions, as well as the healthcare, treatment, and psychological support that the Greek State is obliged to provide as part of its responsibilities.

In the complaint submitted on July 7th 2025, the organizations highlighted that their clients, who were applicants for international protection with diagnosed serious illnesses and who entered the Samos CCAC between November 2024 and February 2025, had requested transfers to facilities on the mainland, but these transfers were either not possible or only available at their own expense.

In response, the Greek Ombudsman referred to Directive 2013/33/EU and specifically to:

  • Article 17 (1)(3) requiring authorities to adapt material conditions to the specific needs of vulnerable groups in order to protect their health and ensure their survival;
  • Article 19 that establishes the obligation to provide medical and psychological support and appropriate mental health services;
  • Article 22 that provides for an individualised vulnerability assessment and the obligation to take all necessary supportive measures.

In their comments, the Greek Ombudsperson also referred to Law 4939/2022 and specifically to:

  • Article(43) on the duties of the “Commander of the Regional Service of the Reception and Identification Service (RIS) to refer applicants to other RIS in the mainland or other appr. services for the continuation of the RIS process. Taking into account the principle of family unity and the best interest of the child.
  • They also mentioned the specific provision (No. 44) that the administration has the obligation throughout the reception procedure to ensure decent living conditions, receive health care, therapeutic and/or psychological support;
  • And finally, in line with Article 39 and Article 60, early identification & special treatment of persons with severe disabilities is required.

The Greek Ombudsperson also recognised receiving several reports on the overcrowding conditions inside the Samos CCAC over the past 2 years, claiming that the special reception conditions to which vulnerable persons are entitled to cannot be guaranteed during their stay in the Samos CCAC.

According to the Ombudsperson, the obligations in question remain unfulfilled when organised transfers are halted and applicants are expected to “cover their own costs” particularly in light of delays in the disbursement of financial assistance. More critically, the duty to ensure adequate reception conditions lie with the state, and any shift in state responsibility is inconsistent with both EU and national law.

Full Greek Ombudsperson Response, click here.