impediment, it is deemed effective if it offers some prospect of success and it
is found sufficient if it is capable of redressing the complaint. If a remedy is
not available, effective or sufficient the individual is not required to pursue
it.
5.9 First of all, there is no effective remedy available in the State party for any
cases of racial discrimination. In its concluding observations on the Slovak
Republic, dated 4 August 1997, the Human Rights Committee noted that
independent complaint mechanisms for victims of all forms of discrimination
did not exist. The European Commission against Racism and Intolerance
(ECRI) has also noted the absence of effective legal remedies for racial
discrimination in the State party.
5.10 Secondly, the author did exhaust all remedies available. As explained in
the initial submission, the Kosice Legal Defence Foundation reported the
matter to the Office of the General Prosecutor, requesting an investigation
into the legality of the resolutions. Upon request, the Foundation provided
the County Prosecutor in Humenné with the names of five persons from
Nagov and four persons from Rokytovce who felt they had been
discriminated against by the two resolutions. Soon afterwards the
Foundation submitted an application to the Constitutional Court requesting
annulment of both the resolutions at issue. The Court dismissed the
submission on the ground that, as a legal person, the Foundation could not
suffer an infringement of constitutional rights designed to protect only
natural persons. As a result of that ruling the District Prosecutor's Office
decided to suspend its investigation, as it was not competent to examine
decisions of the Constitutional Court. Subsequent to that, the present
communication was filed with the Committee.
5.11 On 30 March 1999 the Departmental Secretary General of the Office of
the Government of the Slovak Republic informed counsel that the Office of
the General Prosecutor was reviewing the resolutions and that, if they were
found illegal, a suggestion for withdrawal would be filed at the Constitutional
Court, as the only organ with legal authority to withdraw resolutions of local
government councils in order to guarantee their compliance with domestic
and international law. On 31 May 1999 counsel was informed by the
Chairman of the Committee on Human Rights and National Minorities of the
Slovak Republic that the resolutions had been cancelled.
5.12 As for the State party's contention that the applicant did not cooperate
with the investigation, counsel contends that whether or not the applicant
failed to attend an interview at the Office of the General Prosecutor, which is
not admitted, the Prosecutor was still under a domestic and international
legal duty to investigate the complaint. The only circumstance in which the
Prosecutor is not under such a duty is where the applicant's failure to attend
the appointment would hinder the investigation. In other words, the