CASE OF TCHOKONTIO HAPPI v. FRANCE
Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court)
5. The applicant was born in 1972 and lives in Paris. 6. She has been living with her daughter and brother in a flat in the Paris area since 2003. By a decision of 12 February 2010, served on 12 March 2010, the Paris mediation commission, finding that the applicant and her relatives were housed in indecent and insalubrious conditions, earmarked their case as a priority for urgent rehousing. 7. As she had not received any offer of accommodation taking account of her needs and capacities six months after the date of that decision, the applicant lodged an application with the Paris Administrative Court seeking an order for the State to provide her with housing, on pain of a fine. 8. On 28 December 2010 the Administrative Court upheld her application and instructed the prefect of the Île-de-France region to rehouse the applicant, her daughter and her brother, on pain of a fine of 700 euros (EUR), payable to the urban development fund for the Île-de-France region, for each month’s delay from 1 February 2011 onwards. The Administrative Court found as follows: “It emerges from the investigation that a safety architect employed by the Paris Police Commissioner’s Office noted on 9 July 2009 that the kitchen ceiling in the flat occupied by [the applicant], her daughter and her brother was in a dangerous state as it was unstable and weak. Her request should therefore be granted as a matter of particular urgency.” 9. On 31 January 2012, as the applicant had still not been rehoused, the Administrative Court assessed the interim amount of the fine for the period from 1 February 2011 to 31 January 2012 and ordered the State to pay EUR 8,400 into the urban development fund for the Île-de-France region. 10. As matters stand, the applicant and her family have still not been rehoused.