CCPR/C/126/D/2582/2015 1.1 The author of the communication is G.I., a national of Albania of Roma origin born on 6 August 1960. At the time the communication was submitted, the author resided in Greece; he currently resides in Albania. He claims that by forcibly evicting him from the Makrygianni settlement in Patras, Greece, in 2006, the State party has violated his rights under 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. The Optional Protocol entered into force for Greece on 5 August 1997. The author is represented by counsel. 1.2 On 6 July 2015, the Committee, acting through its Special Rapporteur on new communications and interim measures, denied the State party’s request to split the consideration of the admissibility and the merits of the communication. The facts as submitted by the author 2.1 In August 2004, the author and other Albanian Roma were evicted from the Riganokampos settlement in Patras. After the eviction, the author moved to Makrygianni, another Roma settlement in Patras. The living conditions in the two settlements were similar. In Makyrgianni, the author lived in a shed and had no access to electricity, sewage, garbage disposal or running water. In 2004, the Adviser on Quality of Life to the Prime Minister of Greece described Makrygianni as “the worst of the 75 settlements throughout the country” and “an insult to our humanity”. 2.2 In July 2006, the author and other Albanian Roma were evicted from Makrygianni and then moved to Athens. They lived in the Roma settlement of Votanikos, but were evicted in June 2007. Subsequent evictions led them to spread around in various areas of Greater Athens and Attica. The local authorities in Patras bragged about these mass evictions, which were widely reported in the local media. 2.3 The evictions triggered an urgent visit by the Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, following an invitation from the author’s present counsel, who represented all Roma communities in the two settlements. The author’s counsel accompanied the Commissioner to the Riganokampos and Makrygianni settlements, and on 1 December 2006 the Commissioner addressed a letter to the Minister of the Interior concerning the situation of the Roma in Greece. Regarding conditions in Riganokampos and Makrygianni, the Commissioner stated in his letter: “I saw Roma families living in very poor conditions. Also, I met with a family whose simple habitat had been bulldozed away that same morning … I would like to request further information on the measures taken to compensate and relocate Roma families after eviction or ‘administrative suspension’ and on their security of tenure in current housing.” The Greek authorities failed to respond to this letter, and did not respond to a subsequent letter from the Commissioner concerning the forced evictions in 2007 from Votanikos in Athens.1 2.4 On 13 December 2006, the author’s counsel filed a criminal complaint with the first instance prosecutor’s office in Patras, in relation to the evictions. As a result, a preliminary judicial investigation was initiated. On 11 January, 23 January and 23 February 2007, the author’s counsel filed submissions for 76 Roma, including the author, to be constituted as civil claimants in the criminal proceedings. Each of the claimants sought €33 as compensation for damage. The criminal complaint named the Mayor and two Deputy Mayors of Patras as defendants and alleged that they had publicly boasted about their “cleaning operation” to evict the Roma. The Mayor and two Deputy Mayors were then indicted for alleged violations of articles 13 (a) and 263 (a) of the Criminal Code. Specifically, they were accused of having breached with malice aforethought their duty of service as State officials, with a view to bestowing an illegal benefit on others. In the indictment, it was alleged that the violation had occurred when the three defendants had formed demolition crews on 27 July 2006 in Makrygianni and on 15 September 2006 in Riganokampos and had ordered the demolition of makeshift homes inhabited by Roma in those settlements. It was also stated in the indictment that the defendants had contravened Presidential Decree 267 2/21-8/1998, which states that the demolition of illegal dwellings 1 2 The author cites a letter from the Commissioner dated 8 March 2010 addressed to the Deputy Minister of the Interior.

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