applicant must be someone whose evidence is necessary in order to investigate the case. This exception clearly does not apply in the instant case, because the applicant's alleged failure to attend for an interview is not a hindrance to continuing investigation by the Prosecutor as to the compliance of the resolutions with domestic or international human rights norms. Indeed, despite the alleged failure of the applicant to appear for an interview, the authorities proceeded with their investigation until the decision of the Constitutional Court was promulgated. 5.13 The State party has failed to identify any basis for believing that the Office of the Prosecutor, having once rejected the complaint, would reach a different result if faced with a second, identical complaint, given the absence of new facts or law. Furthermore, on the basis of jurisprudence of the Constitutional Court, it is questionable whether the prosecutor possesses the legal power to remedy the violations of the Convention alleged in the instant case. In fact, in the letter sent to counsel on 30 March 1999, referred to above, the Government itself states that the only effective and available remedy in this case is an application to the Constitutional Court. Thus the Government has conceded that a complaint to the General Prosecutor is not an effective and available remedy because the Prosecutor's Office is not a judicial body. 5.14 Counsel also argues against the State party's contention that a civil action pursuant to article 11 of the Civil Code would be an effective remedy. The applicable provisions of the Civil Code regulate private relations, whereas the resolutions at issue are not matters of private individual rights. The municipalities that issued the resolutions are not private entities, therefore the Civil Code is inapplicable. 5.15 A civil remedy, even if available and effective, would be insufficient, insofar as a civil court in the Slovak Republic would not have legal authority to grant sufficient redress for the violations of the Convention that the applicant has suffered. Thus the civil court lacks the power to: (i) prosecute, sanction or otherwise punish the responsible municipal officials for racial discrimination; (ii) declare that the existence of the resolutions amounted to a practice of racial discrimination and that such a practice is unacceptable and illegal; (iii) declare that the existence of the resolutions amounted to a violation of human rights laid down in international human rights instruments by which the Republic of Slovakia is bound; (iv) award satisfaction with regard to a complaint that the violating provisions should not have been made in the first place; (v) order cancellation of the resolutions. Furthermore, the author should only exhaust those remedies which are reasonably likely to prove effective. 5.16 Regarding the second constitutional action, filed by the author in her personal capacity, the State party contends that the author failed to present