المحكمة العليا اليونانية تؤيد التعويض عن الأضرار التي لحقت بالممتلكات أثناء أعمال الشغب
يمهد مجلس الدولة ، أعلى محكمة إدارية في اليونان ، الطريق لتعويض مالكي العقارات ، الذين عانوا من أضرار من أعمال الشغب.
تقر القرارات الصادرة عن مجلس الدولة بالتزام الدولة بتعويض مالكي العقارات على أساس أن الشرطة عليها التزام ويمكن أن تتدخل لحماية ممتلكات المواطنين.
أصدرت غرفة المحكمة “أ” تسعة أحكام لصالح مالكي العقارات الذين تكبدوا خسائر في أعمال الشغب المدمرة في وسط أثينا في ديسمبر 2008 بعد مقتل ألكسندروس جريجوروبولوس البالغ من العمر 15 عامًا على يد ضابط شرطة.
ألغى مجلس الدولة عددًا متساويًا من القرارات ضد المالكين من قبل محكمة الاستئناف الإدارية وحكم بما مجموعه 1.8 مليون يورو كتعويض تدفعه الدولة. قرار محكمة الاستئناف ، الذي ألغى حكم محكمة أدنى ، كان مبررًا برأيها أنه في حالة حدوث أعمال شغب مفاجئة وواسعة النطاق ، لا يمكن للشرطة حماية جميع الممتلكات في وقت واحد.
وجاء في القرار ، من بين أمور أخرى ، أن “حماية ممتلكات المواطنين من حوادث العنف التي تحدث في سياق أي شكل من أشكال التعبئة الجماهيرية من قبل المواطنين هي مسؤولية الشرطة ، والتي لا يخضع تحقيقها لتقديرها. لذلك ، إذا فشلت الشرطة تمامًا في التدخل لحماية ممتلكات المواطن المهدد ، في الظروف المذكورة أعلاه ، فإن هذا الإغفال غير قانوني وبالتالي يتم إثبات المسؤولية المدنية للدولة “.
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