CCPR/C/121/D/2837/2016 4.7 The State party underscores that, based on the Code of Administrative Procedures, the authors had the opportunity to challenge the acts and actions of the Municipality of Tirana, and they have not exhausted the available remedies. Likewise, the parties have had the opportunity to complain to court after exhausting the administrative remedies. Based on law No. 49/2012 on the organization and functioning of the administrative courts and adjudication of administrative disputes, the administrative courts are competent for: (a) disputes arising out of individual administrative acts, normative legal acts and public administrative agreements issued during the administrative activity undertaken by the public body; (b) disputes that arise due to illegal intervention or omission of a public body. This law provides the conditions for the exhaustion of administrative appeals, and claims against the challenged act can be raised only after the exhaustion of administrative appeal. 4.8 The State party adds that in 2015, the Ministry of Urban Development21 informed the Municipality of Tirana of the implementation of the project “Greening of the artificial lake park”, financed by the Albanian Development Fund and designed to revitalize the area in the public interest, notably in order for the inhabitants of Tirana to have more public green spaces. A joint assessment of the situation was required by the Ministry in the same letter regarding the number of concerned Roma settlements, their technical conditions, etc. On 3 October 2015, the municipal police22 informed the community about the need to leave the area within a 10-day period due to the implementation of the project. On 5 October, representatives of social services of the Municipality of Tirana visited the community to assess the social and economic conditions, with a special focus on the issue of housing. 4.9 The State party also maintains that the authors have failed to transfer their official residence from Elbasan to Tirana, even though the authorities offered to help them. As a result, they cannot benefit from any of the social assistance measures that are available only to homeless individuals registered in the particular locality. Authors’ comments on the State party’s observations on admissibility 5.1 On 9 March 2017, the authors submitted their comments on the State party’s observations on admissibility. They welcome the State party’s acknowledgment that they had been living in Tirana “for years” and that their living conditions were appalling. Nevertheless, the authorities did not take any measure to improve their living conditions, but rather proceeded to evict them. In this respect, they consider that the State party acknowledges that no prima facie imperative reason of public interest called for the authors’ immediate eviction. The authors note that the State party merely refers to the need to implement a landscaping measure. The decision for the eviction was communicated to the Roma community on 3 October 2015 (a Saturday). The first representatives of the social services met with the Roma only on 5 October and their eviction was scheduled for 13 October. Even if it were accepted that the authorities could provide the Roma with meaningful assistance, that would take more than 10 days, and therefore the assistance, if any, would be provided to the Roma after their eviction had taken place. The authors submit that the municipal authorities should have taken all these measures earlier. 5.2 As to the existence of effective domestic remedies, the authors argue that in their submission they adduced conclusive evidence to the effect that the Albanian legal order is not endowed with effective legal remedies. They reiterate that in the April 2016 policy dialogue between the European Union and the Government of Albania on Roma inclusion, one of the conclusions related to the need to adopt a law on forced evictions reflecting the relevant United Nations and Council of Europe standards, as under domestic law there existed no legal basis for challenging an eviction or requesting a stay of execution. 23 This was also the assessment of the Albanian ombudsman, as noted in his email of 3 March 2017 to the legal counsel for the authors. The State party does not make any reference to the ongoing process of amendment of the law on social housing programmes, a process supported by the presence of the United Nations Development Programme in Albania. The authors submit that one of the highlights of the new draft law will be the introduction of the 21 22 23 By letters No. 1258/1 of 15 June 2015 and No. 3603/1 of 30 June 2015. Acting in accordance with art. 13, para. 6, of its Internal Regulations. Matrix of recommendations, p. 5, contained in the file at annex 8. 7