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Alleged violation of Article E taken in conjunction with Article 31§2 by reason of
the eviction procedure of migrant Roma from the sites where they are installed
A – Submissions of the parties
1. The complainant organisation
67.
According to Médecins du Monde, evictions of Roma are a regular event. It is not
unusual for a particular family to be evicted from its site every month. These evictions
take place without any offers of rehousing.
68.
These evictions are often accompanied by intimidation and harassment by the
police. The daily presence of law enforcement forces in camps and the indication of
false deadlines before evictions form part of such a strategy. There have been
numerous reported cases of unjustified use of force, as well as destruction of personal
property and makeshift dwellings.
69.
Finally, the winter "truce" whereby tenants cannot be evicted between
1 November and 15 March does not apply to occupants with no right or title to property.
As a result, such evictions often take place in the middle of winter.
70.
Neither the police nor the owners of illegally occupied land can evict those
installed there without a court order. In practice though, when the correct procedure is
followed, most of the time the occupants are unable to enforce their rights. Thus, a
relatively recent development allows land owners to ask the courts for eviction orders for
illegal occupants under a simplified procedure involving a single judge. Under the
procedure, the owner is not required to notify each individual concerned with the order.
This means that the occupants are unaware of the proceedings and therefore cannot
enforce their rights (see Collectif National Droits de l’Homme Romeurope, Rapport sur la
situation des Roms migrants en France, 2009-2010, September 2010, p.68).
2. The Government
71.
The Government has pointed out, firstly, that the eviction orders to which
Médecins du Monde objects in its complaint relate only to illegally occupied sites. The
aim of the evictions is to bring an end to an unlawful infringement of the right to property
and in some cases to breaches of law and order (living conditions incompatible with the
principle of human dignity and public health requirements).
72.
In addition, Article 493 of the Code of Civil Procedure defines the ex parte orders
(ordonnances sur requête) as a “provisional decision rendered in a non-contradictory
manner in cases where the petitioner has good reason for not summoning the opposing
party”. The Government states that this is not a recent procedure but one that can be
used to obtain the eviction of occupants without a right or title to the piece of property
whose identity is not known to the owner. The case law does, however, require that the
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