CCPR/C/126/D/2582/2015
State party’s observations on admissibility
4.1
In its observations on admissibility dated 6 May 2015, the State party maintains that
the communication is inadmissible on four grounds. First, the communication does not
provide sufficient information about the author and his circumstances. Specifically,
although the author claims that he was evicted and was unable to find alternative
accommodation, he does not provide details about the alleged evictions and his current
housing situation. Moreover, the author does not specify his current address. Although he
claims to be experiencing continuing economic and social deprivation, he does not provide
information about his current economic and social situation. Although he claims to have
suffered interference with his family, he provides no information about his family.
4.2
The communication is also inadmissible because it constitutes an abuse of the right
of submission. There were several long delays in the proceedings, and they are solely
attributable to the author and/or his counsel. Firstly, the author submitted the
communication almost eight and a half years after the alleged demolition, even though the
issue of eviction without alternative accommodation being provided calls for a prompt
response. Although the criminal investigation relating to the events in the Makrygianni area
ended in 2012, counsel for the author stated in Georgopoulos et al. v. Greece that
instituting criminal proceedings against individuals deemed responsible for the demolition
of a makeshift house was not a legal option that would allow the author to return to the plot
of land from which he had been evicted.5 Thus, the criminal proceedings are irrelevant to
the analysis at hand. Secondly, the author’s counsel made initial submissions for a
communication about the Riganokampos eviction in June 2007 and February 2008, 6
whereas he waited until January 2015 (more than seven years later) to submit the present
communication. Counsel claims that the circumstances in both cases are identical. Four and
a half years have elapsed since the Committee issued its Views on the communication
concerning the Riganokampos eviction. Thirdly, two years elapsed between the time when
the author gave his counsel authorization to represent him in proceedings before the
Committee (in January 2013) and the submission of the present communication (in January
2015). Finally, the communication was submitted more than eight months after counsel was
advised to split the author’s claims from those in Georgopoulos et al. v. Greece and to
present them separately. Counsel’s explanation that the latter delay was attributable to
workload and resource constraints is unconvincing, since counsel only had to resubmit the
author’s communication separately.
4.3
In addition, the communication is inadmissible because it is unsubstantiated and
lacks a concrete factual basis. The author is litigating by analogy. Instead of presenting the
facts at hand in a clear and detailed manner, he merely likens the present communication to
Georgopoulos et al. v. Greece and requests the Committee to reach the same conclusion.
The Georgopoulos case involved different authors whose makeshift home had been
demolished in a different area of Patras on different dates. The authors of that case pursued
their claim immediately after the events. The present communication does not describe the
circumstances under which the alleged eviction took place. Moreover, there are significant
inconsistencies between the communication and the statement that the author gave before
the Three-Member Misdemeanour Court of Patras. In the communication, the author states
that after the July 2006 eviction he resettled in the Roma settlement of Votanikos in Athens.
However, he testified before the court that after the July 2006 eviction, he resettled in the
Makrygianni area until 2007, when his new shack was demolished. The court found that the
author had not lawfully owned his makeshift home, and had not been lawfully using it, as
he had only used it occasionally. The court also found that the home appeared to be
abandoned, because the author had been away for many months working on a nearby island.
The court also considered that the author’s alleged intent to return to the settlement could
not be known to any person. The author does not contest the aforementioned findings of the
court, nor does he advance a different factual narrative.
4.4
Finally, the communication is inadmissible because the author’s claims on behalf of
Roma people exceed the scope permitted by individual communications.
5
6
The State party cites Georgopoulos et al. v. Greece, para. 3.1.
Georgopoulos et al. v. Greece.
5