CCPR/C/126/D/2582/2015
Author’s comments on the State party’s observations on admissibility
5.1
In comments dated 1 June 2015, the author contests the State party’s claim that the
communication contains insufficient information. The author’s whereabouts after his
eviction from the Votanikos area in Athens in June 2007 are irrelevant. It is routine practice
for non-governmental organizations to provide their own addresses for correspondence,
given that the individuals they represent are in precarious situations and move often. In any
case, the author was registered with the regional and central government authorities for his
residence permit. When the communication was submitted, the author was living with his
family in the Athens area.
5.2
Regarding the alleged abuse of the right of submission, the author maintains that his
counsel filed complaints on behalf of the author and other Roma in a timely manner, and
that those complaints led to the criminal trial several years later. The complaint filed in
December 2006 was initially closed in April 2009, when the appeals court prosecutor of
Patras issued a final decree archiving the case. However, in April 2011, the author’s
counsel filed a request to reopen the criminal case “for all Roma”. In June 2011, the request
was granted, and the author thus again became a civil claimant in the criminal proceedings
against the alleged perpetrators of his eviction. He had no reason to seek another remedy
until the trial concluded through the issuance of a final judgment in December 2012. That is
when the author’s time limit for submitting a communication began to run. Counsel also
responds to the State party’s other claims concerning the alleged abuse of the right of
submission.
5.3
The communication is substantiated and has merit and a concrete factual basis. The
circumstances of the eviction were clearly presented and were accepted by the domestic
court, which never stated that the facts were unclear, but considered instead that the
eviction had not been conducted in accordance with standard legal procedures for reasons
of public health. Moreover, any alleged discrepancies between the Greek-language court
minutes and the content of the English-language communication are explained by the fact
that court minutes are not verbatim transcripts, but are instead mere summaries. The State
party has not provided an English translation of the court minutes.
5.4
The author acknowledges that at the time of the eviction, he was residing in
Zakynthos for the summer. However, this was also the case for the authors in
Georgopoulos et al. v. Greece. Moreover, neither the authors in the Georgopoulos case nor
the author of the present communication owned the homes from which they were evicted.
State party’s observations on the merits
6.1
In its observations dated 20 November 2015, the State party reiterates its previous
arguments and adds the following claims. It was proven during domestic proceedings that
during the eviction in the Makrygianni settlement on 27 July 2006, at least 6 of the 10 sheds
that had been torn down belonged to individuals who had definitively abandoned them after
having accepted a rental subsidy to find alternative accommodation. Moreover, it was
established before the Patras court that after the departure of the subsidy beneficiaries, the
settlement gave a general impression of abandonment, and was partly covered with debris
of demolished and semi-demolished sheds that needed to be cleared away in order to
protect public health. Moreover, it was also indicated that certain makeshift houses had
been completely or partly torn down by unidentified persons who were probably looking
for building materials. Thus, the cleaning services of the municipality of Patras reasonably
believed, when tearing down the shed which the author did not lawfully own, that they were
not demolishing a house in use and evicting a resident. The shed did not appear to be
inhabited by any person, nor by the author in particular. The author himself had provided a
different address for his residence permit and did not present himself to any authorities to
protest against the destruction of this “home”. He was thus completely unknown to the
municipality’s authorities. The only information available about the author was that
provided during the criminal proceedings before the Three-Member Misdemeanour Court
of Patras, and the author did not even present himself during that trial, either.
6.2
In view of the above-mentioned facts, it was not possible for the authorities to
consider offering alternative accommodation to the author or otherwise supporting him. On
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