Rokytovce and Krasny Brod in 1990 they had neither resided in the village
nor claimed their permanent residence there. On 16 July 1997 the
Municipality of Nagov adopted resolution No. 22 which also forbade Roma
citizens to enter the village or to settle in shelters in the village district. The
resolution explicitly provided that its effect was of permanent duration.
2.4 On 21 July 1997 the dwellings built and occupied by the Romany families
in the municipality of Cabiny were set on fire. To date no perpetrator has
been identified and there is no record of what, if any, steps the prosecution
authorities have taken to investigate the facts.
2.5 The Kosice Legal Defence Foundation sent a letter to the General
Prosecutor's Office in Bratislava requesting an investigation into the legality
of Resolution No. 21 of the Municipal Council of Rokytovce and resolution No.
22 of the Municipal Council of Nagov. The letter asserted that the Resolutions
were acts of "public discrimination" against Roma which infringed their
rights to freedom of movement and residence and to protection against
discrimination. On 19 September 1997 the General Prosecutor's Office
informed the Foundation that the investigation had been assigned to the
County Prosecutor in Humenné.
2.6 On 24 November 1997 the Kosice Legal Defence Foundation submitted an
application to the Constitutional Court of the Slovak Republic requesting
annulment of both resolutions. The submission stated that these resolutions
violated the human rights and fundamental freedoms not only of Romany
citizens with permanent residence in the respective towns but of all Romany
citizens, as well as of the Foundation itself, which could not carry out its work
on behalf of Roma in the affected towns. It also stated that nine Romany
families with permanent residence in the two villages in question had been
forced to leave and that the resolutions constituted a general ban against
Romany citizens, pursuant to which no citizen of Romany origin was allowed
to enter these villages. It requested the annulment of both resolutions on the
grounds that they violated the rights of non-discrimination and freedom of
movement and residence, as well as the particular rights of ethnic minorities
protected by the Slovak Constitution.
2.7 In its decision of 18 December 1997 the Constitutional Court dismissed
the submission on the ground that, as a legal person, the Kosice Legal
Defence Foundation could not suffer an infringement of the constitutional
rights set forth in its application, since those rights were designed to protect
only natural persons. On 29 December 1997 the District Prosecutor's Office
in Humenné notified the Foundation that, in view of the Constitutional
Court's ruling, it had suspended its investigation concerning the challenged
resolutions.