CCPR/C/126/D/2582/2015
articles 7 and 17 (1) and (2); and 23 (1), 26 and 27, each read alone and in conjunction with
articles 2 (1), (2) and (3), of the Covenant.
3.2
Regarding article 7 of the Covenant, the author refers to the decision of the
Committee against Torture in Dzemajl et al. v. Yugoslavia (CAT/C/29/D/161/2000), where
the Committee found that the destruction of houses belonging to Roma constituted “cruel,
inhuman or degrading treatment”. The author also refers to the jurisprudence of the Human
Rights Committee, indicating that the destruction of houses may constitute, under certain
circumstances, inhuman and degrading treatment. 2 Moreover, the author asserts that after
the Magistrates’ Court of Patras issued its decisions Nos. 312/2005 and 323/2005, he felt
relieved that the threat of eviction had passed. However, his hopes were dashed when his
home was destroyed. As a result, the author experienced feelings of inferiority and
debasement, as well as anxiety concerning both his and his family’s future. He could not
understand why the authorities had failed to provide him with suitable accommodation and
had tried to evict him when he was not present, thus preventing him from taking any selfhelp measures.
3.3
In violation of article 17 of the Covenant, the eviction arbitrarily and unlawfully
interfered with the author’s family and home. The administrative requirements set forth in
domestic law (namely the issuing and serving of a protocol of eviction) were not met, and
domestic law did not provide him with any protection from forcible eviction. Moreover, the
non-provision of effective remedies under domestic law in regard to demolition of Roma
informal houses constitutes a violation of article 17, read in conjunction with article 2 (1),
(2) and (3), of the Covenant.
3.4
Because no remedies were available to the author (such as pre-emptive legal action
to prevent his eviction, or legal mechanisms for requesting compensation and the provision
of emergency housing), and because only Roma face such problems, the State party
violated the author’s rights under article 23, read in conjunction with article 2 (1), (2) and
(3), of the Covenant.3
3.5
Regarding articles 26 and 27, each read alone and in conjunction with article 2 (1),
(2) and (3) of the Covenant, the author argues that Roma are the only group in Greece that
are frequently subjected to forced evictions, due to their particular socioeconomic condition.
Due to the author’s ethnic origin, he has been subjected to discrimination, forcibly evicted,
and deprived of any remedy. These practices constitute a recurring pattern affecting Roma
tent-dwellers throughout Greece.4
3.6
As a remedy, the author requests from the State party compensation for the failure to
provide him with proper accommodation, for the moral and material damage he suffered
due to the forcible evictions, and for the failure to provide him with an effective remedy for
these violations. He also requests the State party to closely examine the implementation of
anti-racism and anti-discrimination criminal law provisions, to identify the reasons why
they are barely applied, and to take appropriate measures to ensure their full application.
The author further requests the State party to: (a) facilitate the filing of complaints by
individuals who allege that they are victims of racism or discrimination; (b) pursue and
intensify human rights training for prosecutors and judges; (c) raise awareness among local
authorities of the need to respect the rights and culture of the Roma; (d) ensure, before
carrying out any planned forced evictions, that all feasible alternatives are explored in
consultation with the persons affected, with a view to avoiding or at least minimizing the
use of force; (e) take all legislative and administrative measures to ensure that adequate
alternative housing and/or compensation is available to the persons affected; and (f) ensure
that all evictions are carried out in compliance with international human rights law and with
the principles of reasonableness and proportionality.
2
3
4
4
The author cites Georgopoulos et al. v. Greece (CCPR/C/99/D/1799/2008).
Ibid.
Ibid.