Greece
31.08.01
Urgent Interventions

Greece: demolition of Roma's houses in Patras

ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case GRE 310801. ESCRC


The International Secretariat of OMCT requests your URGENT intervention in the following situation in Greece.


Brief description of the situation

The International Secretariat of OMCT has been informed, by a reliable source of the demolition of 4 sheds located in a Romani settlement in the Glykada Riganokampos area of Patras.

According to the information received, on August 29th 2001, at around 11.00 a.m., the municipal authorities of Patras, equipped with a bulldozer and a dump truck, entered the Romani settlement and proceeded to “clean” the area, demolishing 4 sheds belonging to the Greek Roma Panayotis and Christos Georgopoulos and to two other unidentified Albanian Roma. It is reported that the inhabitants of the sheds were absent at the time of the demolition and that the municipal employees did not saved the property inside the shed which belonged to the families from destruction.

According to the information received, no eviction warrants or orders were presented to the Roma. As the razed sheds were located on land belonging to the University of Patras, the entry of municipal authorities on this property required prior authorisation from this institution, which has, according to the information received, not been given. Moreover, the operation was allegedly carried out without the authorisation or presence of a public prosecutor, as is required under Greek law in cases of violation of privacy and the home.

Following the opposition of the Roma to further demolitions, Vassili Skanavis, the municipal councillor and person in charge of environmental matters, arrived at the settlement and allegedly informed the Roma that they had 20 days to vacate the area. It is reported that in a subsequent communication, Vassili Skanavis denied that he had ordered the vacation and instead stated that he simply notified the Roma that the area had to be cleaned up and asked for their cooperation in this regard.

According to the information received, Konstantinos Georgopoulos, a 60 year-old Rom who was present at the time of the demolition and whose shed was located near those which were razed, died in the afternoon of August 29th 2001. It is reported that the tension in the wake of the demolition, during which he tried to protect his own home, caused him considerable emotional distress.


Background Information

This demolition of Roma’s houses echoes a similar case which occurred about a year ago and which has, to date , not been properly addressed by the Greek authorities.

On July 14th 2000, the municipal authorities of Aspropyros, equipped with a bulldozer, entered a settlement of Romani tent-dwellers in Aspropyrs, approximately 15 kilometres west of Athens (Attica). In the presence of the Mayor of Aspropyros and the police, they demolished most of the homes of the Roma camp belonging to Greek and Albanian Roma and which contained their personal belongings. According to eye-witnesses, no eviction warrants or orders were presented to the Roma families. Indeed, the operation was carried out without the authorisation or presence of a public prosecutor, as is required under Greek law in cases of violation of privacy and the home.

The action taken by the services of the Municipality of Aspropyros resulted in the expulsion of the Roma from their encampment and in the demolition of their homes. According to eye-witnesses, only eight homes escaped demolition, which at the time were occupied by aged persons or people with health problems who could not move immediately.

A subsequent report by the Greek Ombudsman, released on January 26th 2001, found that the action taken by Municipality of Aspropyros violated Greek law and was, therefore, illegal. The report further recommended that a prompt and impartial investigation into the action of the Aspropyros Municipality be carried out in order to bring those responsible to justice. To date, OMCT notes with concern that no prompt and impartial investigation has been carried out, that those responsible have not been brought to justice, and that the victims have not been compensated.

Illegal eviction of the Roma and demolition of their homes are in clear violation of international human rights commitments freely undertaken by Greece. Article 11 of the International Covenant on Economic, Social and Cultural Rights, which forms a part of the International Bill of Rights and has been ratified by Greece, guarantees the right to adequate housing. The United Nations Committee on Economic, Social and Cultural Rights, which monitors compliance with the International Covenant on Economic, Social and Cultural Rights, made it clear in its General Comment No. 4 that the right to adequate housing should be seen as “the right to live somewhere in security, peace and dignity”, entailing, inter alia “a degree of security of tenure which guarantees legal protection against forced evictions, harassment and other threats”.

Moreover, the European Court on Human Rights, in its judgement Selçuk and Asker v. Turkey, found that the destruction of the applicants’ homes and their eviction from their village constituted a form of ill-treatment, in violation of article 3 of the Convention.


Action Requested

Please write to the Greek authorities urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;

ii. guarantee an immediate investigation into the circumstances of the demolition in Patras as well as the eviction in Aspropyros, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law and compensate the victims;

iii. guarantee respect for the economic, social and cultural rights throughout the country and in particular the right to adequate housing, in light of General Comment No. 4 of the UN Committee on Economic, Social and Cultural Rights;

iv. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights.


Addresses:


Constantine Simitis, Prime Minister, Prime Minister's Office at the Hellenic Parliament: +30-1-6717732, 831, Greek Parliament Bldg., Constitution Square, Athens, Greece

Vaso Papadreou, Minister of the Interior and Local Administration, Ministry of the Interior, Stadiou 27str., Athens 101 83, Tel: 30-1-3223521-9, 30-1-3235610-19; Fax: 30-1-3233218

Michalis Stathopoulos, Minister of Justice, Mesogeion 96, Athens 115 27, Tel.: 30-1-7711019


Please also write to the embassies of Greece in your respective country.

Geneva, August 31st 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.