A
group of British pensioners have decided to take on the might of the Spanish
State in the European Court of Human Rights
AUAN
Press Release, 8th January 2013
Having
exhausted all hope of a preventing the demolition of their home via the Spanish
courts a retired British couple from Albox, Andalucía, are now taking
their case directly to the European Court of Human Rights. This move is backed
by AUAN and SOHA, two organisations representing hundreds of homeowners in
similar circumstances in Spain.
The
case echoes that of Len and Helen Prior whose home in Vera, Andalucía, was
demolished five years ago on the 9th of January 2008 as the result of a planning
dispute between the local council and the regional government. In both cases
the properties had full building licences.
“We
feel there is no other option” said AUAN president, Maura Hillen. “In the case of Helen
and Len Prior the Spanish Constitutional Court, the highest court in Spain,
deliberated for two years over whether or not their property should be
demolished by which time the house had already been flattened. And even
if compensation is actually awarded by the Spanish courts, it can take up to
fifteen years to receive any money. There must be no more demolitions without
prior compensation’.
Philip
Smalley, President of SOHA said, “While the problems that we face in the
Axarquia are, in many ways, very different to those faced in Albox we all feel
a shared wrong which must be righted. If only one of us can establish this
fundamental right to live in peace in a home bought in good faith then surely
this will help to shift the intransigence of the Spanish legal system and will
be money well spent”.
The
case will focus on Article 1 of Protocol Number 1 of the European Convention of
Human Rights which guarantees the right to property. This is a fundamental
right, which according to AUAN “holds little sway in the Spanish judicial
system”.
“This
is a David and Goliath struggle. This couple were on the brink of giving up
when members of AUAN and SOHA put their hands in their pockets to fund the
submission of this case. We cannot afford to fund this case any further but we
intend to try to raise enough funds to see it through. We believe that this is
not just about one couple or one case. It is about the fundamental principle
that a person who acted in good faith should not be deprived of their home
without prior compensation as a result of the action or inaction of the Spanish
state. We feel that if this couple wins, we all win”.
Contact
info@almanzora-au.org or call
661 329 919
