CCPR/C/118/D/2242/2013
requirements and preconditions had been met.16 The authors indicate that, as stated in the
document, they were entirely satisfied with that decision.
2.7
Nonetheless, the Secretary-General of the Decentralized Administration of Attica
had not suspended the execution of the decision of 26 February 2013. On 29 April 2013,
the Secretary-General of the Decentralized Administration of Attica informed the authors’
counsel that he did not have the legal capacity or competence to suspend the execution of
such a decision and that he could only do so if he received an order from another authority.
On 30 April 2013, the above-mentioned Member of Parliament and the authors’ counsel
met with the Athens First Instance Prosecutor for the Environment and requested her to
issue a prosecutorial order suspending the demolition until the relocation had been
completed. The authors claim that she was not eager to issue such an order, fearing that it
would give the State party a reprieve that may delay the relocation indefinitely.
2.8
The authors submit that they did not have access to effective remedies to force the
State party to implement the decisions favorable to their relocation and to suspend the
decision of the Secretary-General of the Decentralized Administration of Attica of 26
February 2013.17 The authors submit that they should not be expected to take further legal
actions “to ensure that the State party conforms to the decisions of its own authorities”.18 As
shown by the decision of the Athens Administrative Court of Appeal of 12 November
2012,19 they could not use any other formal domestic remedy. They consider that a possible
prosecutorial order to suspend the execution of the demolition decisions is not a formal
remedy or a judicial decision, but a discretionary measure in the hands of the prosecutor.
Such a prosecutorial order cannot provide any remedy that the property owners or the
authors could use. The authors therefore submit that they have exhausted all available
domestic remedies.
The complaint
3.1
The authors claim that they are at risk of becoming homeless because of the State
party’s failure to implement its own decision to relocate the settlement, using the financial
crisis as an excuse for not doing so and putting them at risk of forced eviction. They refer to
an April 2013 statement by the Independent Expert on the effects of foreign debt and other
related international financial obligations of States on the full enjoyment of all human rights,
particularly economic, social and cultural rights, who noted that the State party should
invest more in the prevention of homelessness in order to protect people under financial
strain from losing their home.20
3.2
The authors recall the jurisprudence of the European Committee of Social Rights
relating to the right to adequate housing of Roma people.21 In particular, they refer to a
decision of 11 December 2009 against the State party,22 in which the European Committee
16
17
18
19
20
21
22
4
An unofficial translation of this decision has been provided. It states that the preconditions include
that a census of the population and number of dwellings in the settlement is conducted, that
identification of the land-planning and sanitation standards applicable is carried out, that a timetable
of infrastructure completion is elaborated and that the funding is secured.
See, in particular, the decision by the Secretary-General of the Decentralized Administration of Attica
of 16 April 2013.
The authors quote the Views adopted on 29 July 2010 in Georgopoulos and others v. Greece,
communication No. 1799/2008, para. 6.4.
See para. 2.3.
See
http://newsarchive.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=13272&LangID=E.
See article 16 of the European Social Charter.
International Centre for the Legal Protection of Human Rights (INTERIGHTS) v. Greece, complaint
No .49/2008.