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Ex-pat homeowners take Spain to European Court of Human Rights
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”.