CCPR/C/127/D/2444/2014
inspectorate oversaw the eviction notification process for the vacation of houses and land,
in accordance with the Code of Administrative Procedure. Notice was given to the authors
on 16 July 2014 to vacate their private property within five days of receipt, in accordance
with domestic legislation and in conformance with administrative procedures. The State
party thus contends that discrimination claims are without merit.
6.2
The State party notes that it tried to accelerate and facilitate the process legalizing
the housing and obtaining certificates of ownership for all persons affected by the project,
including the authors, in order to compensate them for their loss. The State party has
provided an expropriation fund for the affected individuals’ houses. The State party notes
that the Agency for the Legalization, Urbanization and Integration of Informal Zones and
Buildings investigated the authors’ illegal dwellings. The agency found that only A.L.’s
dwelling would not be affected by the project and could thus be legalized. The State party
thus argues that there is no legal obstacle for the continuation of the legalization process for
A.L.’s house. According to the State party, the remaining authors’ houses are disqualified
from the legalization because of the implementation of the project and pursuant to the law
on legalization.
6.3
The State party argues that under the domestic legal framework, individuals are
provided with alternative accommodations or temporary shelter. There are special funds for
expropriation that were created prior to the vacation of properties, of which the authors
could have availed themselves. The authors’ claim that the State party is evicting them
without compensation or alternative accommodation is thus baseless. The authors have had
the opportunity to seek alternative housing and compensation through the avenues listed
above. Specifically, the authors voluntarily signed agreements, on 5 August 2014, to vacate
their houses on the condition that the State party provide them with a monthly housing
benefit.15
Authors’ comments on the State party’s observations on the merits
7.1
In their comments of 1 April 2015, 23 June 2015 and 18 January 2019, the authors
point to relevant treaty body reports regarding the treatment of Roma in the State party with
reference to their discrimination claims.16 To counter the State party’s arguments that the
authors were not discriminated against in the present case on the basis of their Roma
ethnicity, the authors point to the State party’s own action plans to dispel discrimination
against Roma.
7.2
In their comments of 1 April 2015 and 2 November 2015, the authors reiterate that
they had been told by the State party that their homes, with the exception of A.L.’s, were
not eligible for legalization. Because of the lack of an appropriate remedy, the authors
argue that there is a clear violation of articles 7 and 17 of the Covenant, which the State
party has not addressed.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules and procedure, whether it is admissible under
the Optional Protocol.
8.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
8.3
The Committee notes the State party’s argument that domestic remedies have not
been exhausted because, after receiving their eviction notices, the authors did not avail
15
16
6
Each author individually signed an agreement with the Mayor of Elbasan on 5 August 2014.
E/C.12/ALB/CO/2-3, paras. 12–13, 24, 29 and 34; and CERD/C/ALB/CO/9-12, paras. 19–30. See
also European Court of Human Rights, Case of Yordanova and Others v. Bulgaria, Application No.
25446/06, Judgment, 24 April 2012, paras. 135–137; and UNDP, “Housing policies and practice for
Roma in Albania: background study” (2013), p. 14.