CCPR/C/118/D/2242/2013
before being provided with alternative accommodation. They consider that, as it did not
seek to enforce the 1995 and 1996 eviction decisions, the State party implicitly acquiesced
to their presence in “National Mint” for 17 years. Additionally, in order for them to be able
to challenge the eviction decision, the State party should have launched new proceedings to
evict them, which they could have challenged before the courts. The authors also note that
the State party did not provide any examples of case law demonstrating that remedies
would be available against the 1995 and 1996 eviction decisions. Concerning the State
party’s submission that they should have challenged the demolition order of 26 February
2013 before the Athens Administrative Court of Appeal, the authors indicate that in view of
the previous decisions on the same matter by that court, in particular the rejection of their
motion of annulment, which was issued on 12 November 2012,32 they had no prospect of
success. They reiterate that they submitted a request to the Athens First Instance Prosecutor
for the Environment to suspend the demolition until the relocation, but that they never
received a reply.
State party’s observations on the merits
6.1
On 25 November 2013, the State party provided its observations on the merits of the
communication. The State party reiterates that the Roma settlement is illegal, as it was
constructed outside the urban planning zone and on private land, affecting the property
rights of several persons, and that the competent authorities are therefore obliged to
demolish it. The authorities complied with that obligation on 24 May 1996, when the
demolition orders were issued. Those decisions became definitive because the authors
failed to challenge them. The decisions have triggered a series of other decisions by judicial
and administrative authorities, aimed at implementing them.
6.2
The State party indicates that it has adopted a two-track approach: (a) making every
effort to identify suitable alternative accommodation for the Roma community affected; and
(b) abstaining from enforcing the demolition orders until a temporary solution is found.
Furthermore, there is an inextricable link between the obligation to restore the property
rights of the owners and the obligation to ensure alternative temporary accommodation for
the Roma concerned.
6.3
The State party submits that the Secretary-General of the Decentralized
Administration of Attica has taken several actions to identify a suitable area for relocation,
under relevant legislation33 designating him/her as the competent authority to identify areas
for the temporary relocation of “itinerant persons”. On 16 April 2013, the SecretaryGeneral of the Decentralized Administration of Attica decided to relocate the authors in the
Nomismatokopeio area of Halandri (hereinafter referred to in the present document as the
first relocation decision). However that decision could not be implemented, because the
residents of the area lodged an annulment motion before the Council of State alleging a
drop in the value of their property. On 28 June 2013, the Council ordered the nonimplementation of the first relocation decision. In July 2013, the competent authorities
notified the Secretary-General of the Decentralized Administration of Attica that the
funding for implementing the relocation had not been approved. Consequently, the
Secretary-General of the Decentralized Administration of Attica engaged in an effort to
identify a new relocation area. On 31 July 2013, the environmental department in Attica
inspected and recommended a plot of land — ABK 354 — located in the municipality of
Megara. On 7 August 2013, the Mayor of Megara expressed his agreement and indicated
that the municipality would provide water, electricity, transportation and primary health
care to the Roma community. On 18 October 2013, the Secretary-General of the
32
33
See para. 2.3.
Joint ministerial decision 23641/2003, which amended the 1983 sanitary provision on settlements of
itinerant persons.
7