E/C.12/61/D/5/2015 A. Summary of the information and arguments submitted by the parties The facts as submitted by the authors 2.1 The authors allege that Mohamed Ben Djazia moved into a rented room in an apartment in Madrid on 15 July 1998. In 2009, the authors married and Ms. Bellili moved into the room, where she and Mr. Ben Djazia continued to live after the birth of their two children. The authors paid the monthly rent in a timely manner. 2.2 In 1999, owing to his low income, Mr. Ben Djazia submitted an application for public housing to the Madrid Housing Institute. Between 1999 and 2011, Mr. Ben Djazia submitted 13 such applications, all of which ultimately proved unsuccessful. 1 2.3 Mr. Ben Djazia received a monthly unemployment benefit until 21 June 2012. 2 During the following months, they were unable to pay Ms. B.P.C. (the lessor) the rent because they lacked a family income. 2.4 In March 2012 and on 10 July 2012, Ms. B.P.C. informed Mr. Ben Djazia that she would not extend the rental agreement. On 31 August 2012, the term of the last rental contract expired, but the authors refused to leave the room as they had no income or alternative accommodation. 2.5 The authors claim that, from May 2012 onwards, they stepped up their search for housing by appealing to public bodies and charitable institutions such as Caritas, 3 without success. 2.6 On 19 November 2012, at the Madrid Court of First Instance No. 37, the lessor brought a civil proceeding for forced eviction on the ground that the contractually established term had elapsed. On 18 December 2012, Mr. Ben Djazia appeared before Court No. 37 and applied for legal aid. On 26 April 2013, the Legal Aid Commission refused to grant legal aid on the ground that Mr. Ben Djazia’s claim was untenable. 2.7 On 8 March 2013, Mr. Ben Djazia requested the minimum income allowance from the Community of Madrid. 2.8 On 30 May 2013, Court No. 37 declared that the rental contract had been terminated because the term of the contract had expired and ordered the authors’ eviction on 9 July 2013, in accordance with articles 440 (4) and 549 (3) of the Civil Proceedings Act. In its decision, the Court took note of Mr. Ben Djazia’s claims regarding his family and financial circumstances and, under articles 158 of the Civil Code and articles 2 and 3 of Organic Act No. 1/1996 of 15 January on the Legal Protection of Minors, it instructed that the Department of Social Affairs of the Community of Madrid and the Government Agency for Family and Social Services of Madrid City Council should be requested to adopt the measures within their competence to protect Mr. Ben Djazia against situations of distress and exclusion and, in particular, to inform the Court, within 20 days, of the specific measures to be taken. 2.9 On 4 June 2013, Mr. Ben Djazia sent a new application for social housing to the Madrid Housing Institute, attaching the decision of Court No. 37 handed down on 30 May 2013, and his request to be granted the minimum income allowance by the Social Services. At the authors’ request, on 20 June 2013, Court No. 37 decided to postpone the repossession by one month. 1 2 3 2 The authors provide a copy of a record issued by the Community of Madrid on 6 September 2013, which indicates that Mr. Ben Djazia requested public housing in the following calls for applications: 0001/1999, 000/2001, 000/2002, 019/2004, 01/2005, 02/2006, 3/2007, 019/2007, 74/2008, 74/2009, 03/2010, 04/2010, 74/2010 and 74/2011, the first 13 of which were unsuccessful. The document indicates that the last request is still pending. The authors provide a copy of the employment record issued by the Ministry of Employment and Social Security, dated 14 March 2013, which indicates that Mr. Ben Djazia received unemployment benefits from 22 June 2010 to 21 April 2011; and from 24 March 2012 to 21 June 2012. The authors provide a copy of a document issued by Caritas-Madrid, dated 28 May 2013. GE.17-12396