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bailiff in charge of the expulsion has done everything in his power in order to trace the
identity of the occupants of the dwelling place (see in particular Chambéry Court of
Appeal, SA Electricité de France EDF v. The state, decision of 18 September 2007,
Juris-Data No. 2007-343020).
B – Assessment of the Committee
73.
The Committee notes that the situation regarding the evictions of Roma of
Romanian and Bulgarian origin described in this complaint is very much the same as the
situation considered in the complaints Centre on Housing Rights and Evictions
(COHRE) v. France (Complaint No. 63/2010, decision on the merits of 28 June 2011,
§§35-55) and European Roma and Travellers Forum (ERTF) v. France (Complaint No.
64/2011, decision on the merits of 24 January 2012, §§126-135).
74.
The Committee refers to its decision on the merits of 21 March 2012 in the case
of International Federation of Human Rights Leagues (FIDH) v. Belgium (complaint
No. 62/2010, (§161 and §§163-165) where it recognises that illegal occupation of a site
may justify the eviction of the occupants. However, the criteria of illegal occupation may
nevertheless not be understood in an unduly wide manner (European Roma Rights
Centre (ERRC) v. Greece, Complaint No. 15/2003, decision on the merits of
8 December 2004, §51). Therefore, persons or groups of persons who cannot effectively
benefit from the rights enshrined in national legislation such as the right to housing may
be forced to take up reprehensible behaviour in order to satisfy their needs. Such a
circumstance alone cannot be held to justify any sanction or measure of execution
directed towards these persons, neither a continued deprivation of rights that have been
ascertained to them (European Roma Rights Centre (ERRC) v. Bulgaria, Complaint
No. 31/2005, decision on the merits of 18 October 2006, § 53).
75.
The Committee recalls that in order to comply with the Charter, legal protection
for persons threatened with eviction must be prescribed by law and include:
- an obligation to consult the affected parties in order to find alternative solutions to
eviction;
- an obligation to fix a reasonable notice period before eviction;
- a prohibition to carry out evictions at night or during winter;
- access to legal remedies;
- access to legal aid;
- compensation in case of illegal evictions.
Furthermore, when evictions do take place, they must be:
- carried out under conditions respecting the dignity of the persons concerned;
- governed by rules sufficiently protective of the rights of the persons;
- accompanied by proposals for alternative accommodation
(European Roma Rights Centre (ERRC) v. Italy, Complaint No. 27/2004, decision on the
merits of 7 December 2005, §41, and Conclusions 2011, Turkey, Article 31§2).
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