CCPR/C/118/D/2242/2013
sufficient weight to the various interests involved and to protecting the authors from the
threat of immediate eviction.
12.6 The Committee notes that for two decades the State party’s authorities did not take
any measure to dislodge the authors from the Halandri settlement. Moreover, despite the
issuance of various expropriation orders since 1995-1996, the community has remained at
its present location for over 10 years thereafter. While the informal occupants cannot claim
an entitlement to remain indefinitely, the authorities’ failure to identify an appropriate
relocation site has resulted in the authors developing strong links with the Halandri
settlement and building a community life there.
12.7 The Committee also notes that, according to the February 2016 decision of the
Council of State, which quashed the second relocation decision, the Secretary-General of
the Decentralized Administration of Attica is no longer competent to take any decisions
concerning the authors’ relocation, but can still enforce the eviction and demolition orders
issued against them. It also notes that the State party has not provided any information as to
which authority is now competent to take decisions relating to the relocation of the authors.
They therefore remain under a permanent risk of forced eviction without secure and
appropriate relocation options, and without any clarity as to their prospects in terms of
housing, which amounts to a clear interference with their family life.
12.8 In the light of the long history of the authors’ undisturbed presence in the Halandri
settlement, the Committee considers that, by not giving due consideration to the
consequences of the authors’ eviction, such as the risk of them becoming homeless, in a
situation in which satisfactory replacement housing is not immediately available to them,
the State party would interfere arbitrarily with the authors’ homes, and thereby violate the
authors’ rights under article 17 of the Covenant, if it enforced the eviction order.
13.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the State party would interfere arbitrarily with the authors’ homes and family life,61 and
thereby violate the authors’ rights under articles 17 and 23,62 read alone and in conjunction
with article 2 (3), of the Covenant, if it enforced the eviction and demolition orders against
the authors so long as satisfactory replacement housing is not immediately available to
them.
14.
In accordance with article 2 (1) of the Covenant, which establishes that States parties
undertake to respect and to ensure to all individuals within their territory and subject to
their jurisdiction the rights recognized in the Covenant, the State party is under an
obligation to refrain from executing the eviction and demolition orders so long as
satisfactory replacement housing is not available.
15.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant, and to provide an effective and enforceable remedy
when it has been determined that a violation has occurred, the Committee wishes to receive
from the State party, within 180 days, information about the measures taken to give effect
to the Committee’s Views. The State party is also requested to publish the Committee’s
Views and to have them widely disseminated in its official language.
61
62
18
See communication No. 35/1978, Aumeeruddy-Cziffra and others v. Mauritius, Views adopted on 9
April 1981, para. 9.2.
See communication No. 1799/2008, Georgopoulos and others v. Greece, Views adopted on 29 July
2010, para. 7.3.
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