E/C.12/75/D/226/2021
E/C.12/75/D/227/2021
A.
Summary of the information and arguments submitted by the parties
Facts as submitted by the authors
General facts common to the cases
2.1
The authors claim that they were living in a block of five small, “neglected” houses
close to the railway line at 37 via Latino Silvio, Rome. They contend that the houses were
built by the United States Army during the Second World War and that, in the decade between
the death of the previous occupants and their arrival, the houses were used by drug smugglers
and users. The houses were restored and renovated by the authors and their neighbours, a
group of five families of North African migrant workers. The authors note that they had a
considerable emotional attachment to the houses and invested a great deal of work and money
in the renovation works. The 24 neighbours, including 7 minors, were very close and
supported one another.
2.2
Although most of the occupants had registered the houses as their place of residence,
they never managed to obtain a property title. According to the information available to the
residents, the houses had no formal owner, and the local authorities informally told them that
they could remain in the houses even if it was impossible to provide them with a formal title.
The authors contend that the authorities had informally expressed appreciation for the fact
that the renovation of the houses had restored security to the area.
2.3
On 14 October 2008, the authors received a notification from the Italian State railway
company (Gruppo Ferrovie dello Stato Italiane) informing them that the company had
acquired ownership of the block of houses and would evict the inhabitants, claiming that the
houses were in a ruinous state. At a trial before the Civil Court of Rome, which began on
27 October 2008, the company requested the eviction of the families and the payment of a
fine for the illegal occupation of the houses. On 22 September 2009, the complaint was
dismissed and archived by the Civil Court of Rome, which noted that the authors had been
living in the houses for a long time before the company had acquired ownership of them and
that the authors had not committed any criminal offence.
2.4
In 2010, an inspection by firefighters concluded that the houses were in a state of
disrepair and that the residents had to be evicted. The inspectors requested the City Council
of Rome to provide the families with suitable housing. That request was reportedly forwarded
to social services on 14 April 2011, without any result.
2.5
On 5 April 2011, the authors responded to another notice to vacate from the railway
company, arguing that the houses were in a good state and that they had been inhabited for
many years, while highlighting that the company had tolerated the use of the houses without
requesting any fee or showing any intention of renting them out or using them in any way.
On 25 November 2012, the seventh section of the Civil Court of Rome issued a judgment in
which it ordered the vacation of the houses and imposed on the residents the obligation to
pay a fine and cover legal costs amounting to €37,493.74. However, in the following years,
the authors received no further notice to vacate and were not offered any alternative housing.
They thus decided to continue residing in the houses and resumed the renovation works.
2.6
On 10 February 2021, the authors were officially notified that they had to vacate the
houses, in implementation of the decision taken by the Civil Court of Rome on 25 November
2012. On 16 February 2021, the authors requested emergency housing from the City Council.
A firm eviction order was pronounced on 15 March 2021 by the Civil Court of Rome, but
the authors’ counsel decided not to challenge it, since an appeal against a firm sentence, in
the absence of new evidence, would certainly have been rejected and would condemn the
authors to the payment of further legal costs.
2.7
On 24 May, 27 June and 27 July 2021, judicial officers tried to visit the houses to
carry out the eviction, but they were unable to do so, given the support provided to the authors
by housing activists and the other families. During the last of the three visits, a judicial officer
communicated orally that the next visit would take place on 16 September 2021 but did not
provide any written document to that effect.
2
GE.24-03814