The Interior action eliminates the 48-hour period to evict the squatters and provides the agents with a new protocol
Opinion: illegal squatting, many questions and few answers
Those affected. The Association of People Affected by the 'Squatting' is born before what they consider a "abandonment of the Government"
The Third Section of the Provincial Court of Zaragoza has issued an order in which it supports that the express eviction of
can be ordered
as a precautionary measure.
It thus responds to the promoter of the occupation of the old
Hotel San Valero
, opened in 2008 and closed in 2011 due to the economic crisis, located on Manifestation Street in the Aragonese capital, where 22 people settled for three months.
The property is owned by the Management Company for Assets from Bank Restructuring (Sareb).
appealed the eviction carried out on July 28 ordered by the Court of Instruction number 7 of Zaragoza.
It alleged that the European Convention on Human Rights could be violated because the order affected a vulnerable group by not having a home.
The Court rejects the appeal and denies any possibility that the
can return to the hotel.
It affirms that there is no legitimate title that justifies the occupation of the property and that the municipal services should be the ones that, where appropriate, relocate the occupants if the circumstances so require.
Some of the 22 people who lived there camped on the porches of Plaza del Pilar and others dispersed around the city.
The order of the Provincial Court, of which the magistrate
José Ruiz Ramo
has been a speaker
, echoes the reflections of the Prosecutor's Office and states that the
of real estate "constitutes a phenomenon that, from its very appearance, has generated social concern and an undeniable sense of insecurity among citizens. "
Holland, Germany and France
It considers that "the right to effective judicial protection is not such without precautionary measures that ensure future compliance with the effective resolution" and adds that, if not to do so, "the defendants would be deprived" of said guarantees.
For all this, it indicates that, "following constitutional doctrine, the presumption of innocence operates as a judgment rule in the sense that to adopt a precautionary measure, the concurrence of rational evidence of the commission of a criminal act and the participation of the same of the investigated, indications that should not be confused with the existence of sufficient evidence to destroy the aforementioned presumption, "which is only valued in a sentence.
The Third Section of the Provincial Court of Zaragoza cites, as an example, the way to act in
, where it is possible to regain possession of a property if the
does not have a title and the police report is accompanied by the one who accredits his property.
Or in Germany and France, whose police officers are empowered to evict in certain cases in just 24 and 48 hours, respectively.
Also what happens in Italy, where it is the court that gives the immediate order to the Police to regain possession, once the ownership of the property and the absence of title by the occupant have been proven.
According to the criteria of The Trust Project
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