CCPR/C/118/D/2242/2013
their failure to do so.53 Furthermore, they advise that on 21 May 2015 they filed a second
application for “benefit of penury” before the Council of State in order to appeal the Athens
Administrative Court of Appeal decisions denying them such benefit; however, despite the
fact that the deadline for submitting the appeal mentioned is 60 days, the Council of State
had not issued a decision on the matter two and a half months after their application.
Further submission by the State party
10.1 On 4 March 2016, the State party submitted that the authorization given by the
authors to the Secretary-General of I Elpida on 10 August 2015 is a late submission that
should not be accepted by the Committee. It therefore reiterates that the communication
was presented only on behalf of the 20 residents of the settlement who signed the
authorizations. As regards legal aid, the State party reiterates that the authors’ claim should
be held inadmissible for lack of substantiation.
10.2 The State party informs the Committee that in February 2016, the Council of State
issued its judgment on the motions of annulment against the second relocation decision.
The Council of State quashed the contested decision, on the grounds that the joint
ministerial decision upon which it was based54 was not applicable to a population group
established in a specific area, such as the Halandri settlement. The Secretary-General of the
Decentralized Administration of Attica therefore does not have the competence to take any
decisions concerning the relocation of the Roma. However, he holds competence for the
execution of the demolition of the illegal structures, which would only take place if the
rights enshrined in the Covenant were ensured.
10.3 The State party also notes that the authorities have taken measures to improve the
situation in the settlement, which includes the working group created in 2014. Further
cleaning was carried out in August 2015, and inhabitants had access to a communal tap,
public transportation, a social clinic, a store and a regular refuse collection. Furthermore, in
February 2016, the Halandri settlement was selected for the implementation of a pilot
programme on Roma communities,55 and many children have enrolled at school thanks to a
joint effort by teachers and local authorities.
Issues and proceedings before the Committee
Consideration of admissibility
11.1 Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol.
11.2 The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
11.3 The Committee notes the State party’s argument that by virtue of article 2 of the
Optional Protocol the first author of the communication, being an association, cannot
submit communications to the Committee. It also notes the State party’s submission that the
communication only concerns the 20 persons who signed an authorization for action to be
53
54
55
14
The authors provide a copy in Greek of a decision of the Athens Administrative Court of Appeal —
25/22-4-2015 — denying them the “benefit of penury” to litigate the motion of annulment before the
Council of State.
Joint ministerial decision 23641/2003, which amended the 1983 sanitary provision on settlements of
itinerant persons.
No further details have been provided.