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E/C.12/79/D/222/2021

E.P. v. Italy

UNO-Sozialrechtsausschuss (CESCR) · 2026-02-13 · en UN

Decision on merits; Subjects: ECONOMIC, SOCIAL AND CULTURAL RIGHTS, ITALY; [CESCR: UNO-Pakt I, Internationaler Pakt über wirtschaftliche, soziale und kulturelle Rechte; Pacte international relatif aux droits économiques, sociaux et culturels]

Volltext (verifizierbarer Originaltext)

GE.26-02246 (E)

Committee on Economic, Social and Cultural Rights

Views adopted by the Committee under the Optional

Protocol to the International Covenant on Economic,

Social and Cultural Rights, concerning

communication No. 222/2021**, ***

Communication submitted by:

E.P. (not represented by counsel)

Alleged victims:

The author, K.E., L.P. and G.P.

State Party:

Italy

Date of communication:

22 July 2021 (initial submission)

Date of adoption of Views:

13 February 2026

Subject matter:

Forced eviction of a family, without alternative

housing

Procedural issue:

Exhaustion of domestic remedies

Substantive issue:

Right to adequate housing

Article of the Covenant:

11

Articles of the Optional Protocol:

3 (1) and 5

1.1

The author of the communication is E.P., an Italian national, born in 1974. The author

claims that the State Party violated his and his family’s rights under article 11 of the Covenant

by evicting them from the property they lived in, without alternative housing. The Optional

Protocol entered into force for the State Party on 20 February 2015. The author is not

represented by counsel.

1.2

On 28 July 2021, the Committee, acting through its working group on

communications, registered the communication and, in accordance with article 5 of the

Optional Protocol, requested the State Party to take measures to avoid possible irreparable

harm to the author and his family by suspending their eviction from the accommodation they

were occupying while the communication was under consideration by the Committee, or

alternatively, by granting them alternative accommodation appropriate to their needs, within

the framework of genuine and effective consultation with the author.

* Reissued for technical reasons on 29 May 2026.

** Adopted by the Committee at its seventy-ninth session (9–25 February 2026).

*** The following members of the Committee participated in the examination of the communication:

Aslan Abashidze, Nadir Adilov, Lazhari Bouzid, Asraf Ally Caunhye, Chen Peijie, Laura-Maria

Crăciunean-Tatu, Charafat El Yedri Afailal, Peters Sunday Omologbe Emuze, Santiago Manuel

Fiorio Vaesken, Ludovic Hennebel, Joo-Young Lee, Karla Vanessa Lemus de Vásquez, Seree

Nonthasoot, Laura Elisa Pérez, Julieta Rossi, Preeti Saran and Michael Windfuhr. Pursuant to rule 23

of the rules of procedure under the Optional Protocol, Giuseppe Palmisano did not take part in the

examination of the communication.

United Nations

E/C.12/79/D/222/2021*

Economic and Social Council

Distr.: General

5 March 2026

Original: English

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A.

Summary of the information and arguments submitted by the parties

Factual background1

Before the registration of the communication

2.1

The author was born in Italy. His spouse, K.E., emigrated to Italy from the former

Yugoslavia in the 1990s. They have two minor children, a son and a daughter, L.P. and G.P.,

who were born in 2006 and 2008 respectively. The younger child suffers from nocturnal

epilepsy. The author submits that he works five days a month and that 40% of his salary

consists of subsidies. The family’s income, calculated on the basis of the Equivalent

Economic Situation Index,2 is €10,169 a year. The author claims that he would not be able to

cover the costs of even a studio apartment outside Fiumicino.

2.2

In 2007, the author signed an agreement to buy a 47m2 property to be built in a

subsidized housing complex co-funded by the Municipality of Fiumicino. As part of a social

housing plan called the piani di zona, the properties could not be sold or rented at market

rates. During the construction of the property, the author paid €40,000 to the construction

company and an unspecified sum to the real estate agency. Once the property was handed

over, with a significant delay, in 2010, the author and his family did not acquire ownership,

but were required to pay a rent, which would be deducted from the final price of the property.

Under this arrangement, the author paid another €40,000 to the construction company. In

2014, the author discovered that the amount of rent demanded by the construction company

was illegal. The construction company, however, refused to reimburse the difference between

the amount paid and what could have been lawfully requested. The family also discovered

significant deficiencies with regard to the quality of the apartment.

2.3

In 2018, the construction company declared bankruptcy. A curator was appointed for

the case before the Bankruptcy Court of Rome. In 2019, the author’s family and others in the

same situation made offers to the curator to buy the properties they were claiming. However,

these were turned down because the curator, who needed to satisfy the claims of the

company’s creditors, wanted to sell the properties at market prices. The curator decided not

to renew the author’s “rental agreement” and to force him to move out of the property.

2.4

On 1 October 2019, the author was notified of an eviction order against him. In the

decision, it was indicated that occupants without valid legal title should leave the property

because “an empty house is better to be sold at auction than a house that is occupied”. In the

same month, charges were brought against the construction company for aggravated fraud

carried out to the detriment of the author and other persons and institutions involved. In

November 2019, the bankruptcy procedure was closed.

2.5

In November 2019, basing his request on the criminal procedure launched against the

company, the author submitted a request to court for suspension of the eviction procedure.

This request was rejected in January 2020. In December 2019, the Regional Council of Lazio,

which had provided public funding to the company to finance the construction of the

subsidized housing complex, initiated a procedure to withdraw the public funding due to

negligence. On these grounds, the author submitted another request to court for suspension

of the eviction procedure, but this was not adjudicated on.

2.6

In February 2020, a new law was passed allowing for the suspension of evictions in

the case of subsidized housing projects should there be a withdrawal procedure in effect in

relation to the public funding awarded to the construction company, or if a criminal procedure

was launched against it. On these grounds, the author again requested suspension of the

eviction procedure; this request was only responded to and was rejected in May 2020 (the

decision was dated March 2020).

2.7

In April 2020, the State Party suspended all evictions until September 2020 because

of the coronavirus disease (COVID-19) pandemic.

1 The facts have been reconstructed on the basis of the initial communication and the information

subsequently provided by the parties.

2 Indicatore della Situazione Economica Equivalente.

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2.8

In May 2020, the Regional Council of Lazio decided to withdraw the public funding

from the construction company. This decision was appealed to the Administrative Court by

the mayor of Fiumicino for unknown reasons. No hearing had been scheduled by the date of

submission of the present communication.

2.9

In January 2021, a fifth request to suspend the eviction procedure was submitted to

court by the author. This was again rejected, on the reasoning that the court does not deal

with social matters.

2.10

In May 2021, the company was indicted for fraud and the case was sent for trial, with

the first hearing set for 22 March 2022.

2.11

The author and his family were evicted on 12 September 2024.

Complaint

3.1

The author invokes article 11 of the Covenant to claim that the State Party’s public

authorities are not properly enforcing the fundamental economic, social and cultural rights

that the State Party agreed to pursue.

3.2

Firstly, the competent authorities should have monitored the use of the social housing

that they contributed to building, ensuring that no fraud was committed, since the aim of

public investment in social housing is to accomplish the task of properly accommodating

those who have reduced access to the open housing market, not to facilitate private gains

such as the construction company obtained.3

3.3

Secondly, the author claims that the enforcement of the eviction order would not be

proportionate and he and his family would become homeless. The author reiterates that no

hearing is likely to take place in the court proceedings between Lazio Region and the

Municipality for another four years.4

State Party’s observations on admissibility

4.1

Regarding admissibility, in its observations of 26 November 2021, the State Party

argues that the author had not exhausted domestic remedies before turning to the Committee.

The State Party argues that the dispute concerns a public residential building plan (Edilizia

Residenziale Pubblica (ERP)) in Fiumicino that was fully implemented: the dwellings were

built, tenants enjoyed subsidized rents for eight years, rent overcharges were corrected

retroactively, reimbursements were granted, and properties were offered for sale at the agreed

subsidized price. Following the bankruptcy of Cicchetti Srl, the insolvency procedure

honoured tenants’ rights, including credit notes and deposits. Alleged fraud by Massimo

Cicchetti was neutralized, and criminal proceedings against him are ongoing. Some tenants

refused to purchase and now occupy the properties without payment, but no one has been

rendered homeless, and evictions have not yet occurred. The author has not pursued all

available domestic remedies – such as filing civil actions to contest eviction orders, seeking

enforcement of their purchase options before civil courts, claiming reimbursement or

damages through the bankruptcy proceedings, or joining the criminal case as civil parties.

4.2

The State Party clarifies that in 2016, the Municipal Council noted that the company

renting the property had exceeded the maximum rental price, and rectified this with

retroactive effect. This decision was appealed by the company, but the appeal was rejected.

As a result, the company issued a credit for each of the tenants, and those tenants who wished

to opt to purchase their apartment could make a deposit. However, some of the tenants

refused to purchase the properties, withdrawing from the preliminary sales agreements, and

continued to occupy the properties without paying any rent. Later, in 2018, the company was

declared bankrupt.

4.3

The State Party summarizes, therefore, that the tenants were granted a dwelling with

subsidized rent for eight years, to which can be added the time that they occupied the

3 The author is also relying on articles 22, 25 (1), 16 (3) and 25 (2) of the Universal Declaration of

Human Rights.

4 The actual eviction took place on 12 September 2024.

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properties free of charge while the bankruptcy proceedings were taking place. The tenants

were granted the right to be reimbursed for the excessive lease price that had wrongly been

charged, and they were all given the opportunity to purchase the property at a subsidized

price. The State Party concludes that whatever damage was caused by the company’s actions

was compensated for by the administration’s response.

4.4

As a result of the bankruptcy procedure, which is still under way, the apartments that

were not bought by their tenants were sold to cover the company’s debt and to meet its need

for them to be vacated, even though no tenant had been evicted by the time of submission of

the State Party’s observations.

4.5

On 22 March 2022, there was a hearing against the head of the company’s

administration, the author being one of the civil parties. This procedure has not yet concluded.

Author’s comments on the State Party’s observations on admissibility

5.1

On 30 December 2021, the author submitted that the local administration’s resolution

of 2016 rectifying the rental price with retroactive effect had arrived very late, and only after

the intervention of the tenants’ association of which he is the spokesperson. According to the

author, the local administration always sided with the owner, and did not contest the owner’s

appeal. This appeal was unsuccessful thanks only to his association’s intervention in the

proceedings. In his comments, the author adds that the person in charge of the investigation

in the local administration has a conflict of interest, as she owns also social housing, although

it is unclear whether that comes under the same or another project.

5.2

The author submits that the credit granted to the tenants following the local

administration’s decision was wrong and that the documents had no legal value.5

5.3

Regarding the State Party’s submission that tenants had the possibility to buy the

property, the author submits that the company was requesting payment in advance, and he

does not see why he should pay in advance when he had, by law, a right of first refusal at the

end of eight years of lease. He further submits that the price calculated later under the

bankruptcy procedure does not take into account the faults in the construction, the financial

situation of each tenant, or the amounts that they had advanced. He submits that most of the

tenants who accepted to buy the properties have a high income, have the apartments rented

out, or could not be involved in judicial proceedings for personal reasons.

5.4

The author submits that the bankruptcy procedure was closed in 20196 and therefore

those remedies have been exhausted. The author submits that the building work was defective

and has never been completed.

5.5

According to the author, although an eviction has not taken place yet, he has received

an order to vacate the property, and the court has requested assistance from the police to

proceed with the eviction. The author further submits that he cannot apply for social housing

because he is still considered a beneficiary of social housing. He is currently an unsecured

creditor, in the group of creditors who are fourth priority for reimbursement, so he has no

chance of being reimbursed. For all these reasons, he considers that he will not be able to

find alternative housing.

State Party’s observations on admissibility and the merits

6.1

On 28 March 2022, the State Party emphasized that its constitutional framework,

established by the 1948 Basic Law, was grounded in the principles of democracy, human

rights, equality, solidarity and the rule of law, with work as a central societal value. The

Italian legal system provides robust guarantees for fundamental rights, notably through the

Constitutional Court, which acts as the highest guardian of the Constitution by reviewing

laws and resolving disputes on constitutionality, allocation of powers, and presidential

impeachment; its decisions are final and binding.

5 The evidence to support this claim is incomplete.

6 It is unclear whether this is true because of later contradicting claims that the liquidation of the

company’s funds is still under way.

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6.2

Regarding admissibility, the State Party reiterates that the communication fails to

meet the requirement of exhaustion of domestic remedies, as relevant judicial proceedings –

including bankruptcy and criminal trials – are still ongoing.

6.3

On the merits, the State Party argues that the ERP housing plan in Fiumicino fully

achieved its objectives: 36 dwellings were built, assigned, and leased at subsidized rents for

eight years, with an option to purchase at a reduced price. When Cicchetti Srl incorrectly set

excessive prices, the Municipality corrected them retroactively, defended tenants’ rights

before the Lazio Regional Administrative Court, and secured the reimbursement of overpaid

rents. After Cicchetti Srl’s bankruptcy in 2018, the insolvency procedure honoured tenants’

rights by crediting deposits and excess rents and offering properties for sale at ERP-compliant

prices. Alleged fraud was neutralized, and no tenant was left homeless. Italy stresses that

some tenants – including the author – refused to purchase and continue occupying the

properties without payment, which it considers unjustified. Therefore, the State Party

concludes that the communication is groundless, as the ERP plan was implemented properly

and the author’s rights as a tenant were safeguarded.

Author’s comments on the State Party’s observations on admissibility and the merits

7.1

On 20 June 2022, the author argued that the remedies cited by the State Party –

bankruptcy and criminal proceedings – were neither effective nor timely, as they had not

resulted in the restitution of life savings lost through inflated rents and deposits paid over a

decade ago. The bankruptcy process is unlikely to compensate unsecured creditors, and

criminal proceedings have been delayed for years, risking the prescription of offences. The

author stresses that no interim measures requested by the Committee in July 2021 to prevent

irreparable harm have been implemented: eviction has not been suspended, no alternative

housing has been offered, and the family remains at risk of forced eviction. Despite municipal

social services assessing the family’s vulnerability, no concrete solution was provided. The

author contends that the State Party has failed to ensure effective remedies and to comply

with international requests for protection.

7.2

The author contends that the Interministerial Committee for Human Rights, despite

its mandate under Ministerial Decree No. 517/2013 to promote measures ensuring

compliance with international obligations and to maintain relations with civil society, failed

to engage with the case or to provide information on it after the Committee requested interim

measures to prevent irreparable harm. Attempts by the author and the Associazione Inquilini

e Abitanti–Unione Sindacale di Base (ASIA-USB) to contact the Interministerial Committee

for Human Rights and to request meetings were ignored or were met with statements that the

Interministerial Committee does not communicate with complainants. The author argues that

the Interministerial Committee acted as a State advocacy body, rather than fulfilling its

proactive and consultative role, citing repeated refusals to meet and the official position that

the Committee’s decisions are not binding and cannot influence domestic judicial processes.

This stance, according to the author, contradicts the State Party’s obligations under the

Covenant.

7.3

The author asserts that many constitutional guarantees in the State Party – such as the

right to work (arts. 1 and 4), equality before the law (art. 3), judicial protection (art. 24) and

accountability of public officials (art. 28) – are systematically disregarded, citing high

unemployment, slow judicial processes, and corruption rankings. Chronic delays in criminal

and administrative proceedings, including the author’s own case, illustrate structural

inefficiencies that undermine access to justice. The right to housing is notably absent from

the Constitution, leaving only indirect references (art. 47) and weak legislative measures,

while private property rights (art. 42) remain strongly protected. Despite laws supporting the

social purpose of subsidized housing, enforcement is lacking, and bankruptcy courts

prioritize creditors over legitimate occupants, even in cases involving public funds and

alleged fraud. The author argues that the suggestion of the Interministerial Committee for

Human Rights to invoke the Constitutional Court is misleading, as such appeals are limited

to constitutional review of laws, not enforcement failures. Overall, the author contends that

the State Party’s institutions fail to apply constitutional principles and international

obligations under the Covenant, resulting in widespread housing insecurity, insufficient

social housing supply, and ineffective remedies for vulnerable families.

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7.4

The author explains that subsidized housing (ERP) was intended for families with

incomes too high for public housing but too low for market housing, with rules requiring

residency, income limits, and no prior housing subsidies. The ERP scheme in Fiumicino

involved public land and regional funding, with rents fixed for eight years before an option

to buy at regulated prices. However, due to a lack of institutional oversight, the construction

company imposed unlawful advance payments and inflated prices, forcing tenants into

rent-to-own agreements. Despite repeated complaints since 2014, the Municipality of

Fiumicino failed to enforce laws requiring supervision and the reporting of breaches,

allowing irregularities such as provisional occupancy without proper utilities and inflated

pricing. The author alleges systemic negligence and possible bad faith by municipal officials,

citing conflicts of interest (e.g. officials owning ERP housing), failure to act on safety hazards,

and attempts to suppress tenant protests. The Municipality even appealed against a regional

act revoking public funding meant to protect the social purpose of housing, a move the author

views as unprecedented and harmful to vulnerable families. The author’s account suggests

entrenched political and economic interests, highlighting the mayor’s long-standing ties to

the construction sector and influential figures, which raises concerns about collusion and the

prioritization of private interests over social housing rights.

7.5

The author reiterates that his family’s income is below the absolute poverty threshold,

making alternative housing unaffordable, and that their ties to the area – work, schooling and

medical care – are strong. Despite numerous legal actions, including criminal complaints,

suspension requests, and appeals to national authorities, remedies have been ineffective due

to judicial delays, the prescription of crimes, and institutional inaction. The author argues

that bankruptcy procedures are incompatible with ERP housing obligations, citing case law

confirming that auction sales conflict with laws requiring fixed prices and eligibility criteria.7

His family remains at imminent risk of eviction, with no alternative housing offered, despite

national laws and the Committee’s request intended to prevent irreparable harm.

7.6

The author disputes the State Party’s assertion that the ERP housing plan was fully

implemented and that the bankruptcy procedure preserved its social purpose. He argues that

the only reason that eviction has not yet occurred is the temporary suspension of evictions

during the pandemic, not institutional protection. Current auctions at market prices without

eligibility checks contradict ERP rules and confirm that bankruptcy is aimed at maximizing

creditor recovery, not at upholding social housing objectives – an approach explicitly stated

by the bankruptcy judge. The Municipality of Fiumicino failed to revise sale prices as

required by law and collaborated with the curator, even allowing meetings in municipal

offices and supporting conditions that disadvantaged low-income families. The author

highlights discriminatory practices, inflated valuations, and refusal to consider prior

payments or inflated rents, making purchase impossible for vulnerable households. He cites

numerous legal provisions (e.g. Law 865/71 and Law 179/92) and case law (Administrative

Court of Friuli Venezia Giulia, judgment No. 283/1996) to show that bankruptcy

management of ERP housing is legally incompatible with its social purpose. Despite repeated

legal actions, appeals and proposals, remedies have been ineffective, and institutions have

ignored obligations to protect housing rights, leaving families at imminent risk of eviction

and loss of life savings. The author concludes that only international intervention can trigger

substitute powers under article 120 (2) of the Constitution of Italy to enforce compliance with

the Covenant obligations.

7.7

The author states that eviction would cause irreparable harm, as the family cannot

access public housing under national law and lacks the financial means to secure private

accommodation. Despite living frugally and pursuing all possible domestic remedies –

including legal actions, appeals, and requests for institutional intervention – no compensation

for lost savings or effective protection has been provided. Bankruptcy proceedings prioritize

creditor repayment, leaving unsecured creditors such as the author without hope of recovery,

while criminal proceedings have already resulted in prescription for the company. Given

7 The author refers to judgment No. 283/1996 of the Administrative Court of Friuli Venezia Giulia, in

which the Court held that bankruptcy proceedings are incompatible with the social purpose of

subsidized housing programmes, as the logic of public housing (fixed prices and eligibility

requirements) is fundamentally opposed to the bankruptcy system’s objective of maximizing creditor

recovery through public auction.

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chronic delays and institutional inertia, the author argues that only international intervention

can safeguard the family’s right to housing. He invokes article 120 (2) of the Constitution,

which allows the State to replace local authorities in cases of non-compliance with

international obligations, and requests the Committee to reaffirm the State Party’s duties

under the Covenant and to recommend urgent measures (suspension of eviction or the

provision of alternative housing) to prevent irreparable damage.

Additional submissions by the parties

8.

On 22 November 2022, the State Party provided updated information from the

Municipality of Fiumicino regarding the bankruptcy of Cicchetti Srl and the property at Via

Berlinguer 21–27. Social services summoned tenants by registered mail and conducted

interviews to assess their situation; 15 tenants, including the author, participated and reported

their emotional state. The State Party confirms details about the author’s family: a

48-year-old Alitalia worker who has been laid off since 2017 with an allowance of €1,500 a

month until 2023, who has a non-working spouse of Serbian origin, and two children – one

who has epilepsy for which she receives treatment but who does not have a recognized

disability. The State Party informs the Committee that the Municipality offers ordinary

welfare measures for households in socioeconomic distress, subject to a social survey and a

needs assessment, but notes that no family has formally requested such assistance. The State

Party reiterates its willingness to cooperate fully with international and regional human rights

mechanisms and to comply with obligations under the Covenant.

9.1

On 17 May 2023, the author submits that the bankruptcy court assumed control,

prioritizing creditor repayment and threatening eviction unless tenants purchased at

market-based prices. The author cannot afford these prices and received an eviction order in

2019. Despite filing a criminal complaint in 2016, proceedings remain stalled, with repeated

delays and the risk of prescription. He argues that institutional negligence and corruption

enabled this situation, and that the bankruptcy process disregards the social purpose of

housing, evidenced by auction sales to non-eligible buyers. The author concludes that

domestic remedies have proven ineffective, leaving his family at imminent risk of eviction

and irreparable harm.

9.2

The author states that since the Committee’s request of 28 July 2021 for interim

measures under article 5 of the Optional Protocol – suspension of eviction or the provision

of alternative housing – the State Party has taken no action. The family remains under

constant threat of forced eviction, delayed only by pandemic-related backlogs, causing severe

psychological distress and harm to the children.

9.3

The author describes in further detail his two meetings with municipal social workers

(in April and December 2022) following summonses seemingly to assess socioeconomic

vulnerability. At the first meeting, despite the author presenting documentation proving

financial fragility, the social workers refused to take the documents and offered no concrete

solutions, acknowledging that regulations prevented reapplication for public housing and

confirming the lack of available units. The second meeting revealed that the Prefecture was

pressuring the Municipality to expedite evictions, contradicting the stated purpose of social

protection and the Committee’s request for interim measures. The proposed “support” was

vague, limited to possible rent contributions or deposits without guarantees of duration or

adequacy, and conditioned on vacating the current social housing – an option the author

deemed impossible given the income constraints and lack of alternatives. No concrete

housing proposal was ever provided, and as at May 2023, the Municipality has not contacted

the family again. The author argues that these actions reflect institutional disregard for

international obligations and ethical standards, leaving families exposed to imminent eviction

and homelessness.

9.4

The author argues that the latest observations by the State Party misrepresent facts

and omit critical information, aiming to discredit him while ignoring the Committee’s interim

measures request. He notes that the report relies on superficial details from social worker

interviews, excluding evidence of socioeconomic vulnerability which was offered but refused.

Key omissions include his long employment history, his current zero-hour layoff status and

his worsening income, as well as his wife’s age, citizenship and lack of job opportunities

despite formal declarations of availability. The author challenges misleading phrasing

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suggesting benefits from his daughter’s illness and vague references to “ordinary tools” and

“welfare measures”, which were never explained or offered during two lengthy meetings. He

highlights contradictions between the Prefecture-driven eviction pressure revealed in

December 2022 and the State Party’s claim of proactive social protection. The State Party’s

assertion of cooperation with international mechanisms is deemed hollow, given its failure

to suspend eviction or provide alternative housing, despite clear obligations under the

Covenant and article 5 of the Optional Protocol. The author concludes that domestic remedies

are exhausted, institutional responses lack credibility, and the Committee’s intervention is

essential to enforce compliance, potentially invoking article 120 of the Constitution to

substitute local authorities in cases of Covenant violations.

9.5

On 19 October 2024, the author submits that on 12 September 2024, his family was

forcibly evicted from their social housing by the court-appointed custodian and the police.

Attempts to present the Committee’s request for interim measures and the communication

were ignored. The eviction involved aggressive tactics, including tampering with the door

lock to fabricate grounds for accusing the family of unlawful occupation, with threats of

arrest and of harsher penalties recently introduced for this offence. No alternative housing

was offered, and all furniture and belongings were removed. The family lost their home, and

their life savings which were classified as unsecured credit in the bankruptcy proceedings,

making recovery impossible. The bankruptcy process avoided reporting fraudulent

bankruptcy and permitted other social housing units to continue to be sold to non-eligible

buyers. The author claims that years of legal efforts and expense have been futile, leaving the

family homeless and in severe distress. The author concludes that irreparable harm has

occurred and that the State Party disregarded its obligations under the Covenant and the

Optional Protocol.

B.

Committee’s consideration of admissibility

10.1

Before considering any claim contained in a communication, the Committee must

decide, in accordance with rule 10 (2) of its rules of procedure under the Optional Protocol,

whether the communication is admissible.

10.2

The Committee recalls that article 3 (1) of the Optional Protocol precludes it from

considering a communication unless it has ascertained that all available domestic remedies

have been exhausted. The Committee takes note of the State Party’s argument that the author

has not exhausted all available domestic remedies because the civil (bankruptcy) and criminal

proceedings were still under way at the time of submission of the communication and because

the author himself refused to make use of the opportunity he had by law to buy the apartment.

The Committee notes the author’s argument that these domestic remedies were either

exhausted (the bankruptcy procedure) or were not effective and timely (the criminal

proceedings to which the author is a civil party), as they have not resulted in restitution of

life savings lost through inflated rents and deposits paid over a decade ago. The Committee

notes the author’s assertion that the bankruptcy process is unlikely to compensate unsecured

creditors, and that criminal proceedings have been delayed for years, risking the prescription

of offences.

10.3

The Committee recalls that, for the purposes of article 3 (1) of the Optional Protocol,

“domestic remedies” are all remedies available in direct relation to the events that initially

gave rise to the alleged violation and that, prima facie, may be reasonably considered

effective means of remedying the alleged violations of the Covenant.8 The Committee notes

that the principal claim made by the author in his communication is that, because he had no

alternative housing, evicting him and his family was a violation of the Covenant. Therefore,

the remedies that must be exhausted are, first and foremost, those directly related to the

eviction, such as remedies aimed at preventing or delaying the eviction or serving to notify

the courts of the lack of alternative housing.9

8 Hernández Cortés et al. v. Spain (E/C.12/72/D/26/2018), para. 6.2; Moreno Romero et al. v. Spain

(E/C.12/69/D/48/2018), para. 8.2; and El Korrichi et al. v. Spain (E/C.12/76/D/188/2020), para. 6.7.

9 Moreno Romero et al. v. Spain, para. 8.2; and El Korrichi et al. v. Spain, para. 6.7.

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10.4

In this regard, the Committee takes note of the undisputed fact that the author has

exhausted the available remedies regarding his eviction claim, as he submitted five requests

for suspension of the enforcement of the eviction order, to no avail. In the absence of a clear

indication by the State Party of which other domestic remedies should be exhausted by the

author, and based on the established fact that the author submitted five requests for

suspension of the enforcement of the eviction order, the Committee considers that the

domestic bankruptcy and criminal proceedings cannot bring effective redress, and that the

remedies regarding the eviction claim have been exhausted. The Committee concludes,

therefore, that article 3 (1) of the Optional Protocol is not an obstacle to the admissibility of

the present communication.

10.5

The Committee notes that the communication meets the other admissibility

requirements under articles 2 and 3 of the Optional Protocol, and accordingly, declares the

communication admissible and proceeds to consider its merits.

C.

Committee’s consideration of the merits

Legal issues

11.1

The Committee has considered the present communication, taking into account all the

information provided to it, in accordance with the provisions of article 8 of the Optional

Protocol.

11.2

Following its consideration of the relevant facts and in the light of the parties’

submissions, the Committee determines that the issue raised in the communication, and

which must be resolved, is the following: whether or not the decision to evict, and the actual

eviction of, the author, his spouse and their children without providing alternative housing or

taking all reasonable steps to the maximum of the available resources constituted a violation

of the right to adequate housing enshrined in article 11 (1) of the Covenant. To this end, the

Committee will first examine whether the eviction process and the enforcement of the

decision in respect of the author and his family complied with the guarantees required by the

Covenant. Secondly, the Committee will determine whether the State Party fulfilled its duty

to provide the author and his family, given their situation of vulnerability, with alternative

housing or, failing that, whether it took other measures to satisfy their right to adequate

housing to the maximum of its available resources.

11.3

To answer these questions, the Committee refers, first of all, to the standards relating

to protection against forced evictions in the context of the right to adequate housing, as

established in its Views in the case of El Korrichi et al. v. Spain,10 including the requirement

for the principles of legality, necessity and proportionality to be respected in the context of

evictions and the duty of the judge to weigh rights against each other when reviewing an

eviction decision. In El Korrichi et al. v. Spain, the Committee set out a series of procedural

protections that should be afforded in relation to evictions, including an opportunity for

genuine consultation on alternative housing with the persons affected, and, if a lack of

resources means that there are no viable alternatives, a requirement for the administrative

authorities to present the available options with a view to ensuring that the eviction will not

leave anyone homeless.11

Proportionality test and the weighing of rights in the eviction of the author and his family,

the best interests of the children and disproportionate impacts

11.4

The Committee will proceed to determine whether the authorities considered the

proportionality of the objective of the eviction to its consequences for the persons evicted,

including weighing the benefits of the measure – in the present case, abiding by the

bankruptcy procedures, the auction sales, and the rights to compensation of secured creditors

10 El Korrichi et al. v. Spain, paras. 8.1–8.10.

11 Ibid., para. 8.6.

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– against its possible consequences for the rights of the evicted persons12 in the specific

circumstances of the case.

11.5

The Committee refers to its Views in the case of El Korrichi et al. v. Spain, in which

it set out a list of elements that must be assessed when analysing the proportionality of an

eviction: (a) the availability of adequate alternative housing; (b) the personal circumstances

of the occupants and their dependants and how those circumstances might give rise to one or

more situations of vulnerability; (c) the occupants’ cooperation with the authorities in seeking

suitable solutions; and (d) the distinction between properties belonging to individuals who

need them as a home or source of income and properties belonging to banks, financial

institutions or other entities.13

11.6

In the present case, the Committee notes that, on 1 October 2019, the author was

notified of an eviction order stating that “an empty house is better to be sold at auction than

a house that is occupied”, while in the same month charges were brought against the

construction company for aggravated fraud. After the bankruptcy procedure closed in

November 2019, the author submitted multiple requests for the eviction to be suspended,

which were rejected: first in November 2019, then again in December 2019, and a third time

in February 2020 under a new law allowing suspension in cases of criminal proceedings or

withdrawal of public funding; a fourth suspension occurred during the nationwide COVID-19

moratorium from April to September 2020, and in May 2020 the Lazio Region formally

revoked public funding, which the Mayor of Fiumicino appealed; and in January 2021, the

author filed a fifth request; in May 2021 the construction company was indicted, with trial

hearings starting in March 2022. Despite these efforts and the Committee’s interim measures

request of July 2021, the author and his family were forcibly evicted on 12 September 2024.

The Committee notes that the eviction orders were issued without assessing the impact of the

eviction on the author and his family given the family’s vulnerability and the absence of

alternative housing, and that the reasoning of the bankruptcy court was based exclusively on

maximizing creditor recovery, disregarding social considerations inherent in the subsidized

housing scheme. In the light of the specific circumstances of the present case, the Committee

considers that a proper proportionality test should have included weighing the author’s and

his family’s socioeconomic vulnerability; the best interests of the children; the social utility

of the property where the author and his children lived, given that it was a subsidized housing

complex, for which the Regional Council of Lazio had originally provided public funding to

the construction company to finance the construction; the availability of social housing

provided by the administrative authorities responsible; and the existence of alternative means

of resolving the problem.

11.7

The Committee also notes that, at the time that the eviction was ordered, the author’s

children were 15 and 13 years old. In this regard, the Committee also recalls the obligation

for eviction decisions to take into account the best interests of the child.14

11.8

Based on the foregoing, the Committee observes that it does not appear from any of

the decisions of the judicial authorities that the best interests of the author’s two minor

children were considered when ordering the evictions. The decisions do not show that the

court in question undertook a specific analysis of how an eviction could affect the author’s

children or what the best decision would be, considering that, pursuant to article 10 (3) of the

Covenant, special measures of protection and assistance should be taken on their behalf.

11.9

The Committee notes that the courts also failed to take into account the author’s and

his wife’s specific precarious economic situation, insofar as the family’s sole income came

from the author’s very limited employment and the family’s benefits. The Committee notes

that the courts also failed to consider, in particular, the disproportionate impact that the

eviction would have on the second child, given her disability and dependency due to

nocturnal epilepsy.

12 López Albán et al. v. Spain (E/C.12/66/D/37/2018), para. 11.5.

13 El Korrichi et al. v. Spain, para. 10.2; El Mourabit Ouazizi et al. v. Spain (E/C.12/72/D/133/2019);

and Salazar Motos et al. v. Spain (E/C.12/77/D/165/2019), para. 7.5.

14 El Korrichi et al. v. Spain, para. 11.2; Vázquez Guerreiro et al. v. Spain (E/C.12/74/D/70/2018),

para. 12.1; Salazar Motos et al. v. Spain, para. 7.7; and Committee on the Rights of the Child, general

comment No. 21 (2017) on children in street situations, para. 50.

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Consultation process with the author, the right to be heard and the best interests of the

child

11.10 To assess the author’s family situation, the court should have made arrangements for

genuine and effective consultation with them and requested the administrative authorities to

provide information on any available social housing and on the family’s socioeconomic

situation. The Committee notes that the author filed five requests for suspension of the

eviction order with the competent judicial authorities, claiming that the family was in a

particularly vulnerable situation and drawing attention to the presence of two children, the

younger of whom suffered from nocturnal epilepsy. Nevertheless, despite the various

requests for a stay of eviction and the appeals filed by the author, the Committee considers

that there is no evidence of a genuine and effective judicial consultation mechanism to

examine alternatives to eviction. The Committee also notes that, in view of the principle of

progressive autonomy, the children should have been heard, directly or indirectly, but were

not.

Duty of States to provide alternative housing to persons in need or to take all measures to

the maximum of available resources

11.11 The Committee recalls the standards relating to the duty of States to provide

alternative housing to persons in need or to take all measures to the maximum of available

resources. It also recalls that all alternative housing must be adequate, including with regard

to security of tenancy. However, States Parties may demonstrate that, despite having made

every effort to the maximum of their available resources, it has been impossible to provide

permanent alternative housing to an evicted person in need of alternative housing. The use

of temporary emergency accommodation that does not meet all the requirements of adequate

alternative housing is then permitted. However, States Parties must endeavour to ensure that

the temporary accommodation protects the human dignity of the persons evicted, meets all

safety and security requirements and does not become a permanent solution but is a step

towards obtaining adequate housing. The right of members of a family not to be separated

and to enjoy a reasonable level of privacy must also be taken into account.

11.12 In the present case, the Committee notes that the State Party maintains that the

Municipality supported the tenants of the ERP-subsidized housing complex and when the

developer set excessive prices, the Municipality corrected them retroactively, defended

tenants’ rights before the Lazio Regional Administrative Court, reimbursed overpaid rents,

and via the insolvency process (following the developer’s bankruptcy) credited deposits and

excess rents and offered properties for sale at ERP-compliant prices, while the author refused

to buy and continued occupying the property without payment. However, the Committee

notes that, according to the information before it, in 2019, the author and other affected

families offered to purchase their homes from the bankruptcy curator, but their offers were

rejected because the curator was aiming to sell the properties at market value to maximize

creditor repayment and to pressure the author to vacate; the curator deliberately chose not to

renew the rental agreement, effectively forcing the family towards eviction. The Committee

also notes that the family were not offered alternative housing or temporary emergency

accommodation to prevent them from becoming homeless as a result of the eviction. The

Committee takes note of the author’s explanation that he could not apply for social housing

because he was still considered a beneficiary of social housing, and that as an unsecured

creditor, in the group of creditors who are fourth priority for reimbursement, he has no chance

of being reimbursed, and thus he was not able to find alternative housing. The Committee

further notes that, by occupying a property without sufficient title, the author’s applications

for housing, whether on the grounds of special need or of an emergency social situation, had

no chance of success for as long as such occupation without title continued, since they failed

to meet one of the essential requirements for the allocation of housing. The Committee notes

that the State Party has also failed to explain the reasons why it was unable to provide the

author and his family with a housing solution when it first became aware of their vulnerable

situation. Furthermore, the State Party has failed to explain to what extent the policy, albeit

lawful, of automatically excluding from the list of housing applicants any person who is

occupying a property without legal title due to necessity was duly justified, and how it was

the most appropriate way to ensure full realization of the rights recognized in the Covenant.

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11.13 In the light of the foregoing, the Committee considers that the State Party has not

demonstrated that it has made all possible efforts, using all available resources, to realize, as

a matter of urgency, the right to housing of the author, his wife and their children, who were

in a particularly vulnerable situation.

Interim measures and eviction of the author and his family

12.1

On 28 July 2021, the working group on communications, acting on behalf of the

Committee, requested the State Party to suspend the eviction of the author, his spouse and

their children while the communication was being considered or, alternatively, to grant them

adequate housing following genuine and effective consultation with the author.

12.2

The Committee notes that, according to its jurisprudence,15 the adoption of interim

measures pursuant to article 5 of the Optional Protocol is vital to the Committee’s fulfilment

of the responsibility entrusted to it under the Optional Protocol, 16 as the reason for the

existence of interim measures is, inter alia, to preserve the integrity of the process, thereby

ensuring the effectiveness of the mechanism for protecting Covenant rights when there is a

risk of irreparable harm.17 It also recalls that, as established in its guidelines on interim

measures, any State Party that does not respect the interim measures requested by the

Committee is in breach of its obligation to respect in good faith the individual

communications procedure established in the Optional Protocol, since failure to respect the

interim measures makes it difficult for any future Views to reverse the harm caused to the

victims.18

12.3

The Committee notes that, on 12 September 2024, the author, his wife and their

children were evicted despite the Committee’s request for the State Party to adopt interim

measures and without having been granted adequate alternative housing following genuine

consultation with them.

12.4

As the State Party did not explain why the interim measures could not be taken, the

Committee is of the view that, in the circumstances, the State Party has violated article 5 of

the Optional Protocol.

D.

Conclusion

13.1

On the basis of all the information provided and in the particular circumstances of the

case, the Committee finds that the eviction of the author, his spouse and their children without

a proper assessment of proportionality by the judicial authorities, including consideration of the

disproportionate impact that the eviction could have on the author, his spouse and their two

children or of the principle of the best interests of the child, and without a guarantee, as part of

the procedure, of adequate consultation, together with the lack of alternative (subsidized)

housing and the State Party’s failure to provide evidence that it had taken all appropriate

measures to the maximum of its resources, constituted a violation of the right to adequate

housing, under the terms of the Covenant, in respect of the author, his spouse and their children.

13.2

The Committee, acting under article 9 (1) of the Optional Protocol, is of the view that

the State Party has incurred international responsibility owing to the violation of the right of

the author, his spouse and their children under article 11 (1) of the Covenant, read separately

and in conjunction with article 10 (3). The Committee also finds that the State Party has

violated article 5 of the Optional Protocol. Accordingly, the State Party has an obligation to

adopt the measures necessary to comply with the provisions of the present Views.

14.

The State Party is under an obligation to provide the author and his family with an

effective remedy, in particular by: (a) reassessing their needs, if they are not currently in

15 S.S.R. v. Spain (E/C.12/66/D/51/2018), paras. 7.6 and 7.7; and Salazar Motos v. Spain, para. 8.2.

16 Thirugnanasampanthar v. Australia (CAT/C/61/D/614/2014), para. 6.1; and Salazar Motos v. Spain,

para. 8.2.

17 See, mutatis mutandis, European Court of Human Rights (Grand Chamber), Mamatkulov and Askarov

v. Turkey (applications No. 46827/99 and No. 46951/99), judgment of 4 February 2005, para. 128;

Thirugnanasampanthar v. Australia, para. 6.1; and Salazar Motos v. Spain, para. 8.2.

18 See https://www.ohchr.org/en/treaty-bodies/cescr/inquiry-procedure.

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adequate housing, with a view to providing them with public housing or taking another

measure that would enable them to obtain access to adequate housing, bearing in mind the

criteria set out in the present Views; (b) providing the author with financial compensation for

the violations of his and his family’s rights; and (c) reimbursing the author for the legal costs

reasonably incurred in submitting the present communication, at both the domestic and the

international levels.

15.

The Committee recalls that, in accordance with its international obligations, the State

Party must take all measures necessary to guarantee non-repetition of similar violations in

the future. The State Party is therefore obliged to ensure that its legislation and the

enforcement thereof are consistent with the international standards set out in the Covenant.

In particular, the State Party should:

(a)

Ensure that its normative framework allows persons in respect of whom an

eviction order is issued and who might consequently be at risk of destitution or of a violation

of their Covenant rights, including persons who are occupying a property without legal title,

to challenge the decision before a judicial or other impartial and independent authority with

the power to order the cessation of the violation and to provide an effective remedy so that

such authorities can examine the proportionality of the measure; and consider, where

appropriate, the best interests of the child and the disproportionate impact of evictions on

women, especially those who are caring for minor children or other dependents as the head

of the household and whose economic situation is precarious;

(b)

Take the measures necessary to ensure that evictions affecting persons who

lack the wherewithal to obtain alternative housing take place only within the framework of

proceedings involving genuine and effective consultation with the persons concerned and in

which all available alternative housing (whether belonging to the State or made available by

the relevant State agencies, including those that were consulted during the legal proceedings)

is assessed, and only after the State has taken all essential steps, to the maximum of its

available resources, to ensure that evicted persons can obtain alternative housing, especially

in cases involving families, single-parent households (particularly those headed by women),

older persons, children or other persons in vulnerable situations. If the group to be evicted

includes children, the proceedings must guarantee their right to be heard;

(c)

Adopt the measures necessary to put an end to the practice of automatically

excluding from lists of applicants for housing all persons who find themselves occupying a

property without legal title due to necessity, so that all such persons have equal access to the

social housing stock, removing any unreasonable condition that might exclude persons at risk

of destitution;

(d)

Take the measures necessary to solve the problems caused by the failure of the

courts to coordinate decisions, adopted in proceedings of any kind, including bankruptcy and

criminal proceedings, that can result in an evicted person being left without adequate

accommodation and without the efforts made by social services providers; and ensure that

the bankruptcy procedures respect the social purpose of subsidized housing;

(e)

Develop and implement, in coordination with the autonomous communities

and to the maximum of its available resources, a comprehensive plan to guarantee the right

to adequate housing for low-income persons, in keeping with the Committee’s general

comment No. 4 (1991). The plan should provide for the necessary resources, indicators, time

frames and evaluation criteria to guarantee these individuals’ right to housing in a reasonable,

timely and measurable manner;

(f)

Establish a protocol for complying with requests for interim measures made

by the Committee and inform all relevant authorities of the need to grant such requests in

order to ensure the integrity of the procedure;

(g)

Establish follow-up mechanisms to assess the effectiveness of reparation

measures and to prevent the recurrence of similar situations.

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16.

In accordance with article 9 (2) of the Optional Protocol and rule 21 (1) of the rules

of procedure under the Optional Protocol, the State Party is requested to submit to the

Committee, within a period of six months, a written response, including information on

measures taken in follow-up to the Views and recommendations of the Committee. The State

Party is also requested to publish the Views of the Committee and to distribute them widely,

in an accessible format, so that they reach all sectors of the population.