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

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