special and invidious treatment, the resolutions subject her, as a person of
Romany ethnicity, to degrading treatment. (1)
3.3 The author further argues that, in assessing her "victim" status, the
Committee should also take into consideration jurisprudence of the
European Court of Human Rights which entitles individuals to contend that a
law violates their rights by itself, in the absence of an individual measure of
implementation, if they run the risk of being directly affected by it.
3.4 Even though the author does not now and did not previously reside in the
affected municipalities, she is among the class of persons defined by the
challenged resolutions who are adversely affected by them. Both the text of
the resolutions and the background of anti-Roma hostility which underlies
their adoption make it reasonable to believe that the risk of additional
adverse effect - i.e. that, if violated, the Resolutions might be enforced
through, inter alia, physical force - is high.
3.5 Finally, the author asserts that the matter is not being examined under
any other procedure of international investigation or settlement, although
she notes that a separate case concerning the events giving rise to the
present communication had been filed on behalf of other persons with the
European Court of Human Rights.
State party's observations on admissibility
4.1 By submission of 23 June 1999 the State party challenges the
admissibility of the communication. It informs the Committee that on 8 April
1999 the Municipal Council of Nagov and the Municipal Council of Rokytovce
held extraordinary meetings, also attended by the District Prosecutor of
Humenné, and decided to revoke resolution No. 22 of 16 June 1997 and
resolution No. 21 of 8 June 1997 respectively. The State party therefore
concludes that the communication has lost its relevance.
4.2 The State party further argues that a case concerning alleged racial
discrimination against Roma caused by the adoption of the above-mentioned
resolutions has been filed with the European Court of Human Rights.
Although the applicants are not identical in the two cases, the subject matter
is exactly the same.
4.3 According to the State party, the Roma inhabitants of Rokytovce were
summoned by the District Prosecutor of Humenné by registered letters dated
20 November 1997. However, they failed to appear in the Prosecutor's Office,
which means that they did not cooperate in establishing the facts of the case.