CCPR/C/118/D/2242/2013
1.1
The authors of the communication are “I Elpida” — the Cultural Association of
Greek Gypsies from Halandri and Suburbs1 — and Stylianos Kalamiotis, a Greek national
who is a resident of the Halandri Roma settlement. 2 They claim that if their forcible
eviction and the demolition of their homes is implemented before their full relocation,
Greece would be in violation of their rights under articles 2, 7, 14, 17, 23, 26 and 27 of the
Covenant. The Optional Protocol entered into force for the State party on 5 May 1997. The
authors are represented by counsel, the Greek Helsinki Monitor.
1.2
On 10 May 2013, pursuant to rule 92 of the Committee’s rules of procedure, the
Committee, acting through its Special Rapporteur on new communications and interim
measures, requested the State party to take measures to prevent the authors from becoming
homeless while their case was under consideration by the Committee.
1.3
On 14 August 2013, the Committee, acting through its Special Rapporteur on new
communications and interim measures, denied the State party’s request to lift the interim
measures.
Factual background
2.1
The Roma settlement in which the authors live has existed since the late 1970s, on
private properties located in an area known as the “National Mint”, in the municipality of
Halandri, which is part of the Greater Athens area.3 In 1995 and 1996, the Department of
Town Planning of the then Prefecture of Athens decided that the Roma housing in that area
was illegal and had to be demolished.4 An attempt to execute those decisions was made in
1999, but was averted following intervention by the Halandri municipal authorities and the
Office of the Prime Minister, as it was declared that the State party first had to find a
suitable alternative for relocation.5 At the initiative of the Greek Ombudsman, a committee
with members representing several public entities was created, with a view to finding a
solution. 6 However, the authors submit that the authorities have failed to provide the
families, currently numbering about 65,7 with adequate alternative housing.
2.2
In 2011, the Athens Administrative Court of First Instance8 ordered the Greek State
and the Municipality of Halandri to pay compensation to the owners of the plots of land
where the settlement lies, because the relevant authorities had failed to implement the
necessary measures to identify and designate suitable areas to house the Roma families
living in the settlement. In the opinion of the Court, the authorities’ delay in taking action
exceeded any reasonable length of time.
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2
The members of this association are the residents of the Roma settlement located in the “National
Mint” area of the municipality of Halandri in Greater Athens.
Mr. Kalamiotis is the president of the I Elpida cultural association and a resident of the Halandri
(Greater Athens) Roma settlement. The communication is submitted by the second author
individually, and by the first author legally represented by the second author, through Greek Helsinki
Monitor Executive Director Panayote Dimitras who has been expressly authorized by the second
author in his two capacities.
The authors quote a study by the Public Company for Urban Planning and Housing (DEPOS),
published in 1999.
At the time there were 42 lodgings.
No information has been provided as to the authority that made this declaration.
The Office of the Prime Minister and the Municipality of Halandri were part of this committee. It is
not indicated when this committee was created.
Two of these families are those of authors of communications: No. 1558/2007, Katsaris v. Greece,
Views adopted on 18 July 2012; and No. 1486/2006, Kalamiotis v. Greece, Views adopted on 24 July
2008.
Judgment 642/1-2-2011.