Patras Evictions

This post was written by deviousdiva on March 12, 2007
Posted Under: Human Rights

In September 2006, the Council of Europe Commissioner for Human Rights, Thomas Hammarberg, visited Greece to investigate the illegal evictions of Roma families from Makrygiannis and Riganocampos near Patras. His letter, dated December 2006 and addressed to the Greek government, has now been made public.

Excerpts from the letter:

The right to adequate housing is a fundamental right. It is protected by several international legal instruments including the International Covenant on Economic, Social and Cultural Rights, the European Convention on Human Rights and the European Social Charter. Furthermore, the right to adequate housing has to be ensured without discrimination.
Let me emphasise the importance of this. Without a real home, families face difficulties in enjoying other rights, such as the right to education and health. A pattern of social segregation is perpetuated.
Decisions that some people have to move because of new city plans may sometimes be justified. However, the manner in which such initiatives are prepared and implemented should be in accordance with agreed human rights norms and procedural safeguards

Again, Greece fails to conform to human rights standards that are accepted and protected in Europe.

During my visit, I was informed of the efforts of the Greek Government to improve the housing conditions of Roma through the Integrated Action Plan of 2002 and, in particular, the programme of state-guaranteed housing loans.
However, the brief visit to Patras illustrated to me that there are remaining problems.
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. It was obvious that the “procedures” for making them homeless were in total contradiction to human rights standards I referred to above.

He goes on to explain about how his visit was interrupted by angry residents of the area and how the police failed to intervene.

I was also disturbed to notice that non-Roma people appeared on both sites during my visit and behaved in an aggressive, threatening manner to the extent that my interviews with some of the Roma families were disturbed. I had expected that the police would have offered more obvious protection and I did not get the impression of a principled, clear position by the local authorities against such xenophobic, anti-Ziganistic tendencies.

On the 24th January 2007, the Greek Prime Minister Kostas Karamanlis addressed the Plenary of the Council of Europe Parliamentary Assembly.

We have always strongly supported this institution and we shall continue to lend Commissioner Thomas Hammarberg the same strong support that we offered to his predecessor. Indeed, my country will do everything in its power to ensure the success of this institution in the years to come

Mr Karamanlis then went on to have an unscheduled meeting with Mr Hammarberg, which was also attended by the Greek Foreign Affairs minister Dora Bakoyanni. The meeting may have been a kind of apology for the conduct of local authorities in Greece towards Mr Hammerberg who had denounced the Municipality of Patras for “disrespect for an international official”

This is an extremely embarrassing situation for Greece, seeing as NO Greek government official had answered the letter and NO measures have been taken to solve the illegal eviction crisis.

Recently in the weekly Patras Newspaper “Kosmos tis Patras” (The World of Patras), the Deputy Supreme Court Prosecutor Athanassios Kanellopoulos, who was the Chief Appeals Prosecutor of Patras at the time of the evictions has given an interview proudly taking “credit” for them.

Both the prosecutors and I personally were involved in this issue from the very beginning, since we were at the receiving end of complaints on a daily basis. Local authorities would say… do not take action, we will address the situation, but we would wait to no avail. It was all words and no action… nothing more. So we decided to take the matter into our own hands

He goes on to say that he believes that the same measures should be taken against foreigners as well!

The same course of action should also be followed in the case of foreigners. In my opinion, Patras should not be condemned to experience all these problems. Patras should not be turned into a gyp- town

This despicable, racist (but unfortunately extremely powerful) little man goes on to feed into the general paranoia in Greece about foreigners and crime. The foreigners he refers to (but I sure he means ALL foreigners, given his stance in the interview) are living in a similarly disgusting situation as the Roma in Patras but he turns it around by saying that it is a crime, not because the living conditions are so awful but because it adversely affects the general public. Presumably, his public is only the desirable Greek one.

The Greek Helsinki Monitor calls on every international organization that cares about human rights and the respect of the state of law in Greece to strongly protest to the Greek authorities. They should call for at least a reprimand if not the dismissal of the Prosecutor; the restoration of the housing rights of Roma; the compensation for their illegal evictions; and the respect of the housing rights of the migrants that would include the provision of alternative adequate housing to those living in settlements instead of the illegal summary eviction that the chief judicial official calls for.

Please do what you can to voice your concern at this institutionalised racism. Write letters, tell anyone you might know who has a connection with politics, tell everyone you know! The fact that an extremely high-ranking official can get away with saying and doing these things, in this day and age, in Europe, is frightening to say the least. The blatant disregard for European law and standards is shocking, even to those of us who hear it all the time. The Prime Minister of any country should not be able to get away with ignoring European laws and the officials who are trying to uphold them.

Let’s not just shrug our shoulders and say “Oh well…you know….here in Greece…”

No, not “here in Greece” anything! We have the right as European citizens to expect some standards. Greece can no longer rely on its stance of “we are new to immigration etc” for its inactivity. It’s time to wake up! You can’t swagger around as the big Prime Minister, reap the benefits of being the “poor relation” and then act all naive when it comes to dealing with issues that are staring you in the face.

This might not be affecting you right now. Because you are not Roma or foreign. But it will. A government that abuses (openly in many cases) its most vulnerable citizens will have no qualms about abusing anyone.

I had high hopes for Greece. The cradle of western democracy. That past seems lost from where I am standing today. In my personal life, I cannot rely on what I once was. I was once an intelligent kind and helpful four year old. But what was I last year ? Last week ? Yesterday ? Today ? I am proud of who and what I was. But I want to be equally proud of what I am today. And that takes work…

For the full text of the letter from Thomas Hammarberg, please read on.

The situation of Roma in Greece

Letter addressed to Mr Prokopis PAVLOPOULOS, Hellenic Minister for the Interior, Public Administration & Decentralisation
by Mr Thomas Hammarberg, Council of Europe Commissioner for Human Rights

Strasbourg, 1 December 2006

Dear Minister,
I am writing to you about the situation of Roma in Greece. As you know the living conditions of Roma in several countries in Europe is a concern for the Council of Europe and for myself as Commissioner for Human Rights.
My predecessor, Alvaro Gil-Robles, documented poor housing conditions among Roma and referred to cases of their eviction in his reports on Greece (Report on the visit to the Hellenic Republic of 17 July 2002, CommDH(2002)5, and Follow-up report of 29 March 2006, CommDH(2006)13). Also, the European Committee on Social Rights has concluded that there have been situations of non-compliance by Greece of its obligations under the Social Charter to ensure the housing rights of Roma (Decision on the merits of the collective Complaint N° 15/2003 and the corresponding Resolution of the Committee of Ministers ResChS(2005)11; European Committee of Social Rights, Conclusions XVIII-1).
Therefore, I wanted to discuss this matter and also see for myself during my brief visit to Greece in late September. I held talks on the housing situation of Roma with Mr Kaminis, the Greek Ombudsman, Mr Vergygiannis, the Secretary General of the Ministry of the Interior, and Mr Ailianos, Secretary General of the Ministry for Public Order. I also went to see Roma communities and settlements in Makrygiannis and Riganocampos near Patras.
The right to adequate housing is a fundamental right. It is protected by several international legal instruments including the International Covenant on Economic, Social and Cultural Rights, the European Convention on Human Rights and the European Social Charter. Furthermore, the right to adequate housing has to be ensured without discrimination.
Let me emphasise the importance of this. Without a real home, families face difficulties in enjoying other rights, such as the right to education and health. A pattern of social segregation is perpetuated.
Decisions that some people have to move because of new city plans may sometimes be justified. However, the manner in which such initiatives are prepared and implemented should be in accordance with agreed human rights norms and procedural safeguards.

The consequence of these norms is that forced evictions can only be carried out in exceptional cases and in a reasonable manner. Everyone concerned must be able to access courts to review the legality of planned evictions before they are carried out – this requires the existence of both legal remedies and legal aid possibilities. Alternatives to evictions should be sought in genuine consultation with the people affected while compensation and adequate resettlement have to be offered when forced evictions take place.
The norms also apply to local authorities. The fact that abusive decisions are often taken on local level does not absolve the central government from responsibility under its international obligations. The state should exercise oversight and, if necessary, regulate local action.

During my visit, I was informed of the efforts of the Greek Government to improve the housing conditions of Roma through the Integrated Action Plan of 2002 and, in particular, the programme of state-guaranteed housing loans.
However, the brief visit to Patras illustrated to me that there are remaining problems.
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. It was obvious that the “procedures” for making them homeless were in total contradiction to human rights standards I referred to above.

I was also disturbed to notice that non-Roma people appeared on both sites during my visit and behaved in an aggressive, threatening manner to the extent that my interviews with some of the Roma families were disturbed. I had expected that the police would have offered more obvious protection and I did not get the impression of a principled, clear position by the local authorities against such xenophobic, anti-Ziganistic tendencies.
The Patras authorities showed me a flat that had been made available to one Roma family. The parents were positive about this housing, but I understood that they were worried about what would happen after the initial, financially subsidized period was over. They had no money to pay the rent. This seemed to raise the question of sustainability of the housing solutions offered.

The Recommendation Rec(2005)4 of the Committee of Ministers of the Council of Europe on improving the housing conditions of Roma and Travellers in Europe provides sound guidance to member states in the field of housing.
There also appears to be a need for further work to counter xenophobic and racist tendencies which seriously hinder the social inclusion of Roma.

As regards the current situation in Makrygiannis and Riganocampos, 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.

I look forward to continuing a constructive dialogue with the Hellenic Government on these questions in the future.
Yours sincerely,
Thomas Hammarberg
Cc.
Mr. Constantin YEROCOSTOPOULOS, Permanent Representative of Greece to the Council of Europe

 

Technorati Tags: housing rights, Greece, Roma, European Law

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Reader Comments

xm ,,,did anyone say something..?

i think the man was pretty C L E A R ..!

#1 
Written By zardoz on March 12th, 2007 @ 6:26 pm

The lack of seriousness in this country is surprising. The lack of organised opposing voice from the citizens is phenomenal, excluding of course the demonstrations whose message is almost always dwarfed by the molotov cocktails. I do not know how the dialog between citizens and the establishment is conducted here. I do not know how people instrument change here.

I would love to hear of people’s stories of how they were able to cause lasting change in Greece. Change that is still benefiting others.

#2 
Written By jinger on March 13th, 2007 @ 12:06 pm

I am so gald that you feel so passionately about this. Generally I don’t find Greece racist, but there is a distinct anti-foreign undercurrent in daily life. My boyfriend tells me all the time that the Roma are not discriminated against in Greece and left alone. But I’ve seen the scornful looks they attract during the summer when they take their kids for an icecream where ‘normal Greeks’ take their own families. It’s a disgrace.

#3 
Written By Dot on March 13th, 2007 @ 6:54 pm

Hi Zardoz, Who do you mean? Mr Hammarberg or the racist Mr Kanellopoulos. I don’t think anyone has responded to either of them but perhaps YOU could?

Hi jinger, I would love to hear those stories too…

Hello Dot and welcome to my blog. I am experiencing first hand the anti-foreigner sentiment here because I trying to find a house to move to. Whether we want to rent or buy the same question comes up. We’re foreigners. The very first thing one landlady said was “Why aren’t you Greek?” Lovely house. Perfect for us. But she will not rent it to us because we are foreign. And imagine, we are the “right kind of foreign” too. I wonder how much worse it must be if you are Albanian or Turkish or Rom?

#4 
Written By deviousdiva on March 13th, 2007 @ 7:52 pm

OF course i meant mr HAMMERBURG..ms DD

the other cartoon is not worth even mentioning.

And yes jinger we had a civil war that aired
our differences in this country,
made lasting changes…
that peaceful means
have yet to do lasting change…in any way
progressively in my opinion .

only in the commodity market of change that

citizens = are clients

establishments = is establishment
throws a bone of change once in a while
to keep quiet the natives , that the democratic process is evolving….basic rule does not want to lose clients…PERIOD

thats either side of the establishment.
and sideroads.

AS TO THE MOLOTOVS = ITS THE ESTABLISHMENT
and in particular the police undercover teams
known as “syndicate security”
has been aroynd since the early 1930’s and 60’s

if the molotovs were thrown by the clients
you would know the difference..!

but you see only what the establisment wants you to see ,, you really dont know why in hells
name were so many of students and others of the academic community out in the streets do you,,

and because you see only the molotovs
(which make great t.v. )

others for same reasons
dont take their issues
to the establishment..!
LIKE THE ROM.

SO WHO’S FOOLING WHO ,,? xmmmm,,?

=z=

#5 
Written By zardoz on March 13th, 2007 @ 10:44 pm

@ zardoz: But of course, how didn’t I think of it: it’s the roma that don’t want houses, not the State that doesn’t offer them! :D

Roma aren’t simply discriminated, they’re massacred culturally. While a jew, a black or an albanian are considered “bad”, a roma is not considered fully as person but a kind of untermensch that has different needs than the rest.

The problem is that the lack of education doesn’t let them understand the profound unjustness of their situation and prohibits them to claim their rights. Plus it helps perpetuate a feudalistic situation among the roma society, which practically keeps them in the same mideaval situation through the use of kapos.

#6 
Written By abravanel on March 14th, 2007 @ 1:05 am

@ zardoz: But of course, how didn’t I think of it: it’s the roma that don’t want houses, not the State that doesn’t offer them!

please elaborate ,, i didnt understand your meaning..=z=

probably didnt get my point correctly across either.

AND ON A TECHNICAL NOTE , HAVE YOU SEEN
GREEK STATE HOUSING FOR ROM-OR NONROM

COMPARED IN QUALITY TERMS
TO RUSSIAN OR RUMANIAN STATE HOUSING
ITS BETTER TO LIVE IN THE TENTS WITH THE ROM.

#7 
Written By zardoz on March 14th, 2007 @ 7:53 am

World Organisation Against Torture
P.O. Box 21- 8, rue du Vieux Billard
CH 1211 Geneva 8, Switzerland
Tel.: 0041/22 809 49 39 / Fax: 0041/22 809 49 29
E-mail: omct@omct.org / Website: http://www.omct.org

PRESS RELEASE

Greece: OMCT and GHM denounce the continuing discrimination against Roma (in Patras and elsewhere in Greece)

Geneva, 15 March 2007

The World Organisation Against Torture (OMCT) together with the Greek Helsinki Monitor (GHM) denounce the continuing discrimination against Roma in Greece and the anti-Roma statement by a Deputy Supreme Court Prosecutor and call for the immediate implementation of the recommendations of the Council of Europe Commissioner for Human Rights

The International Secretariat of OMCT has been informed by Greek Helsinki Monitor (GHM), a member of its network, of the continuing discrimination against Roma in Greece, the serious violations of their economic, social and cultural rights and of the recently reported anti-Roma statement of a Deputy Supreme Court Prosecutor. The recent visit of the Council of Europe Commissioner for Human Rights confirms once again the facts relating to the illegal and unlawful evictions of Roma from their homes. OMCT and GHM call for immediate remedial action on the part of Greek authorities including the implementation of the recommendations of the Commissioner for Human Rights.

Anti-Roma statement by a Deputy Supreme Court Prosecutor

Deputy Supreme Court Prosecutor Athanassios Kanellopoulos, in an interview in a weekly newspaper published on 2 February 2007, reportedly made anti-Roma statements in connection with last year’s evictions of Roma from their homes in the city of Patras. He is reported to have said “In my opinion, Patras should not be condemned to experience all these problems. Patras should not be turned into a gyp-town”.

As previously reported by OMCT and GHM, Patras has been the scene of the forced eviction of numerous Roma families without the provision of alternative housing, despite the fact that, according to Greek and international laws, evictions cannot be carried out without alternative accommodation being offered. (OMCT press communiqué of 31 October 2006 annexed). Mr. Athanassios Kanellopoulos was at the time of the evictions the Chief Appeals Prosecutor of Patras and in the newspaper interview he tried to justify the illegal evictions of 2006 for which he appeared to take credit.

Further, GHM reports that Mr. Kanellopoulos previously stated that there were no housing rights for Roma, whereas also, in flagrant breach of the principles of presumption of innocence and of the secrecy of judicial investigation, he announced via the local Patras press that there was evidence suggesting that GHM incited local Roma to commit illegal acts and hence it activities would come under judicial scrutiny.

OMCT and GHM express their deepest concern at the reported anti-Roma and discriminatory statements of Mr. Athanassios Kanellopoulos which are incompatible with the ethical requirements of impartiality and non-discrimination of the high judicial office of Deputy Supreme Court Prosecutor and indeed of any judicial official or civil servant. All people living in Greece have the right to insist on the impartiality and non-discriminatory attitude of such an official.

Discrimination against Roma in Greece

In its previous communiqués, OMCT and GHM have appealed for the end to discrimination against Roma in Greece. OMCT and Greek Helsinki Monitor pointing out that, in addition to the numerous illegal and forced evictions and the unacceptable living conditions of Roma, access to education for Roma children is often impossible, as ethnic Greeks often refuse to allow Roma children to attend the same schools as non-Roma children. As a consequence, several authorities have built annexes to school especially for Roma children, or put them in separate classes for Roma children only. OMCT and GHM have repeatedly called for the full implementation of European and International anti-discrimination norms as well as the application by the local courts of Greece’s anti-discrimination legislation.

Council of Europe Commissioner for Human Rights speaks out against discrimination

The situation of Roma in Patras was the subject of a letter dated 1 December 2006 by Thomas Hammarberg, Council of Europe Commissioner for Human Rights to the Greek Minister for the Interior, Public Administration & Decentralisation following his recent visit to Greece. That letter stated, inter alia, that his

“…brief visit to Patras illustrated to me that there are remaining problems. 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. It was obvious that the “procedures” for making them homeless were in total contradiction to human rights standards I referred to above. I was also disturbed to notice that non-Roma people appeared on both sites during my visit and behaved in an aggressive, threatening manner to the extent that my interviews with some of the Roma families were disturbed. I had expected that the police would have offered more obvious protection and I did not get the impression of a principled, clear position by the local authorities against such xenophobic, anti-Ziganistic tendencies.”

He further stated that “There also appears to be a need for further work to counter xenophobic and racist tendencies which seriously hinder the social inclusion of Roma.”

Recommendations

OMCT and GHM calls on every international organization that cares about human rights and the respect of the state of law in Greece to strongly protest to the Greek authorities concerning the situation of discrimination against Roma in Greece and in particular the illegal evictions to which they are subjected. Further, should the reported statements of the Deputy Prosecutor of the Supreme Court, Mr. Athanassios Kanellopoulos, be shown to be true, he should not be allowed to continue in his position.

Greek authorities should fully implement the recommendations of the Commissioner for Human Rights and the recommendations made previously by OMCT and GHM, including compensation for the illegal evictions and respect of the housing rights of the Roma.

The World Organisation Against Torture (OMCT) is the world’s largest coalition of non-governmental organisations fighting against arbitrary detention, torture, summary and extrajudicial executions, forced disappearances and other forms of violence. Its global network comprises nearly 300 local, national and regional organisations, which share the common goal of eradicating such practices and enabling the respect of human rights for all.

Visit our website: http://www.omct.org

Contact: Tom McCarthy
Economic, Social and Cultural Rights Programme, OMCT
8, rue du Vieux Billard
CH – 1211 Geneva, Switzerland
Tel: +41 (0) 22 809 49 39 / Fax: +41 (0) 22 809 49 29, E - mail: tmc@omct.org

ANNEX

Text of Press Communique of 31 October 2006

The International Secretariat of OMCT has been informed by the Greek Helsinki Monitor (GHM), a member of its network, that serious violations of the economic, social and cultural rights of Roma communities are continuing in Greece. OMCT, together with the GHM strongly denounce those violations that often involve violence, including cruel, inhuman and degrading treatment and calls for immediate remedial action.

Recent facts:

Since late July 2006, about 60 families of the Makrigianni Roma community (out of a total of 80) have been evicted in Patras, which represents more than 400 persons. They were evicted without being offered alternative housing, despite the fact that, according to Greek and international laws, evictions cannot be carried out without alternative accommodation being offered.

According to the authorities, what are called “evictions” are some “cleaning up” of the settlements. Nevertheless, those so-called “cleaning up” pushed several Roma families to live and to sleep in their cars. As a result, they live precariously in unacceptable health and sanitation conditions that are particularly harmful to children.

Background:

For decades, in Greece, Roma have been subjected to evictions from their homes, demolitions of their homes and threats of evictions throughout the country. Little has been done to improve Roma access to adequate housing, nor has adequate compensations been paid for the destructions of their homes and the personal possessions they have lost. Rather than implementing housing programs which have been announced numerous times, the Greek authorities continue to evict Roma from their homes, or threaten them with evictions which are often encouraged by local ethnic Greeks who also object to attempts to relocate Roma in their area. In effect, numerous complaints are made to the authorities by ethnic Greeks concerning Roma communities, and especially concerning the Albanian Roma, who are much more subjected to forced evictions.

The Greek authorities have made several attempts to evict Roma “lawfully” from their dwellings. As Roma have never been provided with official documents attesting the legitimacy of their residences, they can, from a strictly legal point of view, be evicted under national law. Nevertheless, Roma submit that all these official proceedings as well as the demolitions, the evictions, and the failure or unwillingness to improve Roma’s living conditions, are motivated by their Romani ethnic origins. Moreover, as the domestic courts show significant degrees of favouritism towards the authorities, the courts agree to most demands put forward by the state, which leads Roma to argue that the very notion of the principle of equality of arms is violated by the courts. Furthermore, no consultations take place between judicial authorities and Roma before the eviction decisions are issued. These realities lead to a denial of effective access to courts for Roma.

In addition to the unacceptable living conditions of Roma, access to education for Roma children is often impossible, as ethnic Greeks often refuse to allow Roma children to attend the same schools as non-Roma children. As a consequence, several authorities have built annexes to school especially for Roma children, or put them in separate classes for Roma children only. The need for segregated schools is sometimes defended by the alleged bad health conditions of Roma children and their diseases, due to the lack of access to health services. However, figures suggest that even vaccinated Roma children are segregated in access to education, which is a violation of Greece’s domestic laws as well as the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the International Convention on the Elimination of all forms of Racial Discrimination.

International decisions:

The European Committee of Social Rights found twice, in December 2004 and in July 2006, a violation of Article 16 of the European Social Charter (protecting the economic, legal and social rights of the family) on three grounds. Firstly, because the authorities failed to provide a sufficient number of permanent dwellings of an acceptable quality to meet the needs of settled Roma. Secondly, because they failed to provide a sufficient number of stopping places for “mobiled” Roma. And thirdly, by failing to prevent the evictions of Roma from sites or dwellings unlawfully occupied. These violations happen notably because of the insufficient means for obliging local authorities to obey the law or sanctioning them for violations.

Article 6 of the European Convention on Human Rights (right to fair judicial procedures) is also violated in these cases, as the authorities benefit from favouritism before the courts. In addition, the local courts fail to adequately investigate violations of Greece’s anti-discrimination legislation and sanction the perpetrators. As a result, Roma communities, who live, as bad-considered minorities, are not protected by the anti-discrimination legislation.

Recommendations:

OMCT together with GHM recommend:

* to respect Articles 16 of the European Social Charter by providing adequate accommodations and compensation to Roma facing evictions;

* to promptly, thoroughly, effectively and independently investigate all reports of abusive administrative action and discriminatory treatment by public officials and police officers of Roma communities and individuals, and to take sanctions on such cases;

* to raise the awareness of authorities to the needs of the Roma to enjoy adequate and affordable housing with legal security of tenure, to permit access to safe drinking water, adequate sanitation, electricity and other essential services, and to meet their specific cultural needs;

* to provide training to police, public officials, ombudsmen, prosecutors and judges, as well as to local newspapers, on the problems of discrimination against Roma;

* to verify, on each occasion, whether or not discrimination has taken place in order to take appropriate action;

* to investigate adequately all complaints brought to the courts against cases of speech inciting discrimination;

* to sanction all municipal councillors who make discriminatory remarks or do not comply with the regulations and decisions that bind them;

* that visits to Greece be carried out by international monitoring mechanisms as soon as possible and frequently;

* that strong protests be made against the unwarranted prosecutions that NGOs defending the Roma, like the GHM , are subjected to.

#8 
Written By Panayote Dimitras on March 18th, 2007 @ 9:02 am

GREEK HELSINKI MONITOR (GHM)
Address: P.O. Box 60820, GR-15304 Glyka Nera
Telephone: (+30) 2103472259 Fax: (+30) 2106018760
e-mail: office@greekhelsinki.gr website: http://cm.greekhelsinki.gr

PRESS RELEASE

16 March 2007

Greece: Council of Europe Committee of Ministers ignores Commissioner for Human Rights information and subscribes to Greek state version on Patras Roma evictions

Greek Helsinki Monitor (GHM) is astonished by the content of the Council of Europe (CoE)’s Committee of Ministers (CM)’ Reply to Written Question No. 502 by Mr Cilevičs: “Implementation of the European Social Charter by Greece: Forced evictions of Roma” adopted on 14 March 2007. The CM based the reply exclusively on the report by the Greek government. Thus, it ignored the publicly available letter of the Council of Europe Commissioner for Human Rights (CHR) Thomas Hammarberg to the Greek government on that same topic, following his visit to the Roma concerned: in it the Commissioner confirmed the concerns raised by the PACE member. GHM believes that ignoring rulings, reports, or letters with concrete information by CoE human rights expert institutions like the European Court of Human Rights, the Commissioner for Human Rights, or the European Committee of Social Rights negatively affects the credibility of the CM and the respect the CM must show to PACE when answering the latter’s questions. The full texts of the CM reply, the parliamentary question, and the CHR letter follow.

In the CM reply it is claimed that “the families of [Patras] Greek Roma registered in parts of and settled in the Makrigianni – Rodopoulou district, are sheltered, with their consent, in rented apartments, paid by the municipality. The same measures have been taken with respect to the Roma settled in the Riganokampos district. (…) It is inaccurate to refer to ‘forced evictions’ as the term suggests the existence of legal settlements and legal tenants, which is not the case. (…) There have been administrative acts of evacuation and expulsion in response to the unlawful occupancy of land and to arbitrary and illegal settlement of tracts of public land.”

Yet, the CHR wrote: “However, the brief visit to Patras illustrated to me that there are remaining problems. 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. It was obvious that the ‘procedures’ for making them homeless were in total contradiction to human rights standards I referred to above. (…) As regards the current situation in Makrygiannis and Riganocampos, 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.”

Greece misinformed the CM on the evictions. The authorities’ “administrative acts of evacuation and expulsion” were annulled in 2005 as abusive by magistrates while related criminal charges were dropped. The summer 2006 evictions were illegal as they were not the result of any administrative act or court procedure. Video footage (including BBC’s) documents these evictions. Greek Gypsy Union chairman Yannis Halilopoulos was in fact threatened with arrest when shooting evictions. It is also publicly known that one court brief mentioned in the CM reply included the investigation of the magistrates who annulled the administrative protocols of eviction of the Roma in Riganokampos and Makrigianni. The CM finally ignored the Commissioner’s concerns on the aggressive, threatening and racist attitude of the non-Roma neighbors who disturbed his visit; the lack of obvious protection from the police present; and the non-condemnation by local authorities of anti-Roma racism.

Reply to Written Question No. 502 by Mr Cilevičs: “Implementation of the European Social Charter by Greece: Forced evictions of Roma”
(Adopted by the Committee of Ministers on 14 March 2007
at the 989th meeting of the Ministers’ Deputies)

https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Del/Dec(2007)989&Sector=secCM&Language=lanEnglish&Ver=original&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75#P686_15724

1. The Committee of Ministers recalls that the European Committee of Social Rights (ECSR), in its Conclusions XVIII-1(2006) referred to by the Honourable Parliamentarian, regarding Greece, found that the situation was still not in conformity with Article 16 for two reasons: there was still a shortage of housing suited to the size and needs of Roma families and they still did not have sufficient legal protection.

2. In this respect, the Committee of Ministers notes that it has been informed by the Greek authorities that the families of Greek Roma registered in parts of and settled in the Makrigianni – Rodopoulou district, are sheltered, with their consent, in rented apartments, paid by the municipality. The same measures have been taken with respect to the Roma settled in the Riganokampos district. In the meantime, the authorities are seeking to identify a suitable site to set up a permanent settlement for these families. To this purpose, a Special Committee has been set up within the administration of Western Greece. The Ministry of the Interior has also secured a credit line of 320 000 euros to be used for the purchase of adequate land and settlement of the said Roma families. Moreover, in the context of the Integrated Action Plan for the social inclusion of Greek Roma (IAP), 47 housing loans have been allocated until now to Greek Roma registered in the municipality of Patras, under favourable terms and under the guarantee of the Greek state. The housing policy of the Greek Government to the benefit of the Greek Roma is exclusively financed by national funds. There has been no EU funding or use of other funds to this end.

3. Concerning the legal protection of Greek Roma, the Greek Government affirms that they have the same legal rights as Greek citizens and enjoy the same legal protection. In addition, a special legal framework has been adopted to solve legal problems faced by Roma often as a result of the fact that they lack official documents.

4. The Greek authorities underline that it is inaccurate to refer to “forced evictions” as the term suggests the existence of legal settlements and legal tenants, which is not the case. They have indicated that there have been administrative acts of evacuation and expulsion in response to the unlawful occupancy of land and to arbitrary and illegal settlement of tracts of public land.

5. The Greek authorities have also stressed that there has been no such thing as “obviously intimidating criminal investigation” instigated by the Chief Appeals Prosecutor of Patras against a magistrate who issued a ruling in favour of Roma families. Two briefs have been drawn up as a result of complaints lodged, but this is completely unrelated to what has been described in the written question.

6. The Greek authorities underline that finding a suitable solution to the housing issues facing the Greek Roma population, in close co-operation with the people involved and with local societies, has been the focus of their efforts. The Committee of Ministers welcomes this information and the measures taken by the Greek authorities to redress the situation referred to in Conclusions XVIII-1(2006). It encourages the Greek authorities to continue their efforts and to report to the ECSR on further progress with the implementation of measures to redress the situation.

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1 September 2006

Implementation of the European Social Charter by Greece: Forced evictions of Roma

Written question No 502 to the Committee of Ministers presented by Mr Cilevičs
http://assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc06/EDOC11014.htm

One year ago, replying to my questions, the Committee of Ministers reassured the Assembly that Greek authorities were working on finding a permanent solution to the housing problems of the Roma in Patras. They also stated that the information on how Greece complied with its obligations under Article 16 of the European Social Charter was to be evaluated by the European Committee of Social Rights (ECSR). The Assembly was informed that, on the basis of the result of that evaluation, the Committee of Ministers was to decide on the follow-up.

However, in July 2006 the ECSR concluded that the situation in Greece has not been brought into conformity with Article 16 as there is still a shortage of adequate housing for Roma, who still do not have sufficient legal protection. Citing the Commissioner for Human Rights March 2006 follow up report on Greece, as well as Greek Helsinki Monitor (GHM) and Amnesty International reports, the ECSR mentioned that Roma continue to be evicted from settlements without being offered alternative housing.

Recently, GHM information provided to competent UN and Council of Europe agencies and international NGOs indicates that relocation plans for Patras Roma failed because of strong local community reactions. Instead, between 27 July and 25 August 2006, the Municipality of Patras demolished the homes of Roma families in the Makrigianni district who were absent for seasonal work, served the remaining families with notices of emergency police measures of eviction, and without waiting for their confirmation by a prosecutor proceeded to forced evictions. Furthermore, in June 2006, all Roma families of the Riganokampos district were referred to a criminal trial for illegal squatting on state land, while in August 2006 they were told to leave. All that despite the protocols of eviction for both Roma communities had been overturned as abusive in October 2005 by magistrates. In June 2006, the Chief Appeals Prosecutor of Patras announced an obviously intimidating criminal investigation of the magistrates who issued these rulings and of GHM who offered legal support to the Roma. GHM also provided information on several evictions elsewhere in Greece and quoted official Hellenic Police statistics indicating that its officers were involved in 60 eviction procedures in 2005 and in another 121 in 2004.

Mr Cilevičs,

To ask the Committee of Ministers,

What urgent action does the Committee of Ministers intend to take on Greece’s continuing non-compliance with Article 16, the widespread evictions which violate fundamental human rights and the mounting antigypsyism accompanying these evictions?

What mechanisms of effective supervision of the implementation by states of Social Charter rulings does the Committee of Ministers intend to introduce?

Signed:
CILEVIČS, Boriss, Latvia, Socialist Group

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[followed Hammarberg letter mentioned at the beginning of this post]

#9 
Written By Panayote Dimitras on March 18th, 2007 @ 9:06 am

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