CCPR/C/126/D/2582/2015
8.9
The Committee notes that while the author contends that the authorities acquiesced
to occupation of the settlement by issuing decision No. 323 in 2005, according to the ThreeMember Misdemeanour Court of Patras this decision reflected a temporary measure to
allow the authorities to provide alternative accommodation to the residents of Makrygianni,
and the municipal authorities subsequently provided rent subsidies to the residents who
were registered with the municipality. The Committee notes the court’s determination that
many individuals then definitively abandoned the settlement to seek alternative
accommodation. The Committee also notes the author’s statement that by the end of March
2006, public officials had issued statements advising that evictions would be carried out in
Makrygianni, and that court proceedings had been recently initiated against “some or all” of
the Roma living in those two settlements. The Committee also notes that the author has not
indicated that basic public services were being provided to the settlement so as to indicate
that the authorities had in effect consented to its existence. Indeed, the Committee notes the
court’s finding that at the time of the demolition, the lack of sewage, garbage collection,
running water and so on in Makrygianni posed serious threats to the health of both the
Roma and non-Roma residents. While the Committee notes the author’s assertion that the
court used this public health rationale as a pretext for evicting Roma, it notes that the author
has not provided information contradicting the public health concerns, and has stated that
the year after the demolition, the Patras health directorate issued a report declaring that
living conditions in Makrygianni were unacceptable.
8.10 In the light of the totality of the aforementioned circumstances, the Committee
considers that the information the author has provided is insufficient to substantiate his
claims that at the time of the demolition, the shed constituted his home within the meaning
of article 17 of the Covenant. In addition, with reference to the same circumstances, the
Committee considers that the author has not provided adequate information to indicate that
the authorities subjected him to cruel, inhuman or degrading treatment, knew or should
have known of the existence of his family life in Makrygianni, or discriminated against him.
Accordingly, the Committee considers that the author’s claims under articles 7, 17 (1) and
(2), 23 and 26 are inadmissible due to a lack of substantiation, pursuant to article 2 of the
Optional Protocol.
9.
(a)
Protocol;
That the communication is inadmissible under articles 1 and 2 of the Optional
(b)
That the present decision shall be transmitted to the State party and to the
author.
12
The Committee therefore decides: