E/C.12/61/D/5/2015 2.10 On 2 July 2013, Court No. 37 ruled that the lessor’s application requesting the execution of the decision of 30 May 2013 complied with legal requirements. Furthermore, it instructed that the authors and their children should be removed from the rented room on 11 September 2013 and that the Department of Social Affairs should be informed of this decision. 2.11 On 19 July 2013, Mr. Ben Djazia lodged an application before Court No. 37 to oppose enforcement of the same Court’s decision of 2 July 2013 and requested a suspension of the eviction order. He claimed, inter alia, that his eviction would amount to a violation of his right to decent and adequate housing and requested that Court No. 37 resend the communications to the Social Services of the Community of Madrid and Madrid City Council and order the Madrid Housing Institute and Municipal Housing and Land Company to provide him with alternative housing, in response to the applications that he had submitted over the course of more than 10 years. 2.12 On 22 July 2013, Court No. 37 denied the application to oppose enforcement of its earlier decision, as it was not based on any of the grounds set out in article 556 (1) of the Civil Procedure Act. On 26 July 2013, Mr. Ben Djazia filed an application for reconsideration with annulment of proceedings before Court No. 37, reiterating his claims and requesting that the relevant circumstances in his case and the risk to which his family would be exposed if they were evicted without alternative housing should be taken into account. Finally, he requested that Court No. 37 resend the communications to the Social Services of the Community of Madrid and Madrid City Council, the Madrid Housing Institute and the Municipal Housing and Land Company. 2.13 On 29 August 2013, Mr. Ben Djazia went to a Madrid City Council social services centre in the district of Tetuán. A social worker informed him in writing that Social Services could grant him financial assistance of one month in a rented room, payment of which was sustainable on his income and which he undertook to maintain, and that in the event that the minors were left homeless and the family did not have any alternative, Social Services would consider initiating protection measures to avoid a situation of distress. 4 2.14 On 6 September 2013, Court No. 37 rejected the application lodged by Mr. Ben Djazia on 26 July 2013. 2.15 On 10 September 2013, Mr. Ben Djazia submitted an application for amparo to the Constitutional Court and a request for interim measures to suspend the eviction. 2.16 On 11 September 2013, the eviction was postponed until 3 October 2013 owing to opposition by some neighbours and members of social organizations. 2.17 On 20 September 2013, Mr. Ben Djazia reiterated his request for interim measures to the Constitutional Court. 2.18 On 30 September 2013, Mr. Ben Djazia sought interim measures before the European Court of Human Rights. The authors maintain that the Court rejected this application and that they did not submit any subsequent claims to it. 2.19 On 3 October 2013, the authors and their children were evicted, with the assistance of the municipal police. In the course of the eviction, Mr. Ben Djazia unsuccessfully requested an out-of-court agreement with the lessor so that the family could stay in the room in return for payment, since he had begun to receive a minimum income allowance. On the same day, the municipal emergency service (SAMUR) provided temporary shelter to the authors in the short-stay shelter of SAMUR Social-Madrid, where they stayed for 10 days until the authorities invited them to leave. After that, the authors and their children slept in the family car for four days and then moved to the place of an acquaintance, who offered them accommodation for several weeks. The authors point out that at the time of the eviction, they did not have sufficient income to enable them to seek alternative housing. 4 GE.17-12396 The authors provide a copy of the document issued by the Vicente Ferrer social services centre of Madrid City Council, dated 29 August 2013. 3