6.4 Thirdly, the Committee did not share the State party's view that domestic
remedies had not been exhausted and considered that neither a new petition
to the Constitutional Court nor a civil action would be effective remedies in
the circumstances of the case.
6.5 Fourthly, the Committee was of the view, contrary to the State party, that
the author could be considered a "victim" within the meaning of article 14,
paragraph 1, of the Convention, since she belonged to a group of the
population directly targeted by the resolutions in question.
6.6 Finally, the Committee considered that the municipal councils which had
adopted the resolutions were public authorities for the purposes of the
implementation of the Convention.
6.7 The Committee found that all other conditions for admissibility
established under rule 91 of its rules of procedure had been met.
Accordingly, it decided, on 26 August 1999, that the communication was
admissible. It also decided that, in order to enable the Committee to examine
the case in all its aspects, the State party and the author should provide
information about domestic legislation and remedies intended to protect the
right of everyone, without distinction as to race, colour, or national or ethnic
origin, to freedom of movement and residence within the border of the State,
in accordance with article 5 (d) (i) of the Convention.
Further observations by the State party
7.1 The State party admits that the investigation of the complaint carried out
by the District Prosecutor's Office of Humenné was incomplete, since it did
not address the substantive aspects. However, the Legal Defence Bureau for
Ethnic Minorities did not make use of their legal possibility to have the
lawfulness of the resolutions in question reviewed. A complaint pursuant to
section 11, paragraph 1 of Act No. 314/1996 Coll. (2) to the prosecution
authority or a motion by the Prosecutor-General with the Constitutional
Court for incompatibility of the resolutions in question with the Constitution
could have been filed. As the Legal Defence Bureau failed to utilize these
possibilities, neither the regional nor the general prosecution authorities
knew about the way in which the District Prosecutor's Office of Humenné
had handled the complaint. The State party emphasizes that the Slovak legal
order has effective, applicable, generally available and sufficient means of
legal protection against discrimination.
7.2 The State party acknowledges that the adoption of the resolutions in
question in 1997 created an unlawful situation which lasted until their
abrogation in 1999. However, during the time they remained in force no
violation of human rights took place since they were not applied against