general public administration, neither did they concern security and public
order affairs transferred to municipalities, in which case the control and
supervision of a municipality could be applied pursuant to article 71,
paragraph 2, of the Constitution.
4.9 The author never tried to move into either municipality, to acquire or
rent a house or to work there. She showed no interest in visiting the
municipalities in order to know the reasons for the issuing of the resolutions.
She provided no evidence, to the Committee or the authorities involved in the
case at the national level, that she had tried to enter the municipalities or that
she had been prevented from doing so.
Counsel's comments
5.1 In a submission dated 2 August 1999 counsel contends that even if the
challenged resolutions were withdrawn the communication is still
admissible.
5.2 First of all, the author remains a "victim" within the meaning of article 14
of the Convention. The Committee could follow in this respect jurisprudence
from the European Court of Human Rights according to which an applicant
remains a "victim" unless the following conditions obtain: (i) there has been
an acknowledgment by the domestic courts of a violation of the substance of
the European Convention rights at issue; (ii) the applicant has received
satisfaction with regard to the past damage suffered by reason of the
violating provisions; and (iii) the applicant has received satisfaction with
regard to a complaint that the violating provisions should not have been
promulgated in the first place.
5.3 In the instant case none of those conditions has been satisfied: (i) at no
time has the author received an acknowledgment by the domestic courts that
the existence of the resolutions amounted to a violation of domestic law, of
the Slovak Constitution, of the Convention or of any other treaty or
international legal instrument protecting human rights; (ii) at no time has
the author received satisfaction with regard to the past damage suffered by
her by reason of the authorities' initial promulgation and subsequent
maintenance in force of the resolutions for almost two years; (iii) at no time
has the applicant received satisfaction with regard to her complaint that the
resolutions should not have been issued in the first place. Accordingly,
counsel concludes that the author is a "victim" within the meaning of article
14 and that the matter of the abolition of the resolutions is relevant only for
the purpose of any suggestions and recommendations that the Committee
might address to the State party at the conclusion of the case.