ICCPR Case Digest

CCPR/C/127/D/2438/2014

Communication

2438/2014

Submission: 2014.07.04

View Adopted: 2019.11.08

A.K. et al. v. Albania

Forced eviction of Roma family in Albania, inadmissible as domestic remedies not exhausted

Substantive Issues
  • Effective remedy
  • Freedom of movement
  • Interference with one's home
  • Non-discrimination
  • Torture / ill-treatment
Relevant Articles
  • Article 17
  • Article 2
  • Article 23
  • Article 26
  • Article 27
  • Article 7
Full Text

Facts

The authors A.K., V.K., and O.K. were all Albanian citizens of Roma ethnicity, and were members of an extended family group living in a house built in 1993 without planning permission. They resided in the property for 20 years, during which time the authorities de facto tolerated the authors' residence in the house.

Due to developments in the area, they were served a notification for vacating the property in June 2014. The authors called upon the Human Rights Committee to grant an immediate injunction, and call for the suspension of the forced eviction as they allege it violates articles 2, 7, 17, 24, 26 and 27 of the Covenant.

Admissibility

The Committee decided that on the basis that the authors had not exhausted all available domestic remedies nor undertaken all due diligence to do so. On that basis, the communication is inadmissible under article 5 (2) (b) of the Optional Protocol.

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