Greece: Destruction of Roma homes in Asproprygos

ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case GRE 200901. 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 6 homes and the damage to a seventh one, all located in a Romani settlement in Asproprygos.

According to the information received, on September 13th 2001, the municipal authorities of Asproprygos, under the orders of Asproprygos’ Mayor G. Liakos, proceeded to destroy 6 homes and damage another, together with all their contents. The destroyed homes allegedly belong to 4 Greek and 3 Albanian Roma families.

It is reported that the municipal authorities of Asproprygos put an end to their operation following the intervention of the Greek Ombudsman and the Greek Helsinki Monitor. According to the intervention received, a police car stood by during the destruction of the homes without intervening.


Background Information

This demolition of Roma houses is reminiscent of what occurred in Asproprygos in February 1999 and July 2000.

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 in the camp belonging to Greek and Albanian Roma and which contained their personal belongings. According to eyewitnesses, 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 invasion of privacy and the domicile.

The action taken by the Municipality of Aspropyros resulted in the expulsion of the Roma from their encampment and in the demolition of their homes. According to eyewitnesses, only eight homes escaped demolition; elderly persons or people with health problems who could not move immediately occupied these homes.

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.

More recently, OMCT also expressed concern about the demolition of Roma houses in Patras (Case GRE 310801. ESCRC).

The large number of cases of demolition of Roma homes, as well as the authorities’ failure to take appropriate measures to carry out independent investigations in order to bring those responsible to justice and compensate the victims might well reveal a deliberate policy of discrimination against the Roma.

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 Roma families;

ii. guarantee an immediate investigation into the circumstances of the demolition 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, September 20st 2001

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