Lacko v. Slovakia
From DADEL
Case Summary
Lacko v. Slovakia
Committee on the Elimination of Racial Discrimination
Communication No. 11/1998 : Slovakia. 09/08/2001
CERD/C/59/D/11/1998
The author, Miroslav Lacko, a Slovak citizen of Romany ethnicity, claims to be a victim of violations by the Slovak Republic of Articles 2, 3, 4, 5 and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination ("Convention”).
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Facts
On 24 April 1997, the author, accompanied by other persons of Romany ethnicity, went to the Railway Station Restaurant located in the main railway station in Kosice, Slovakia, to have a drink. Shortly after entering the restaurant, the author and his company were told by a waitress to leave the restaurant. The waitress explained that she was acting in accordance with an order given by the owner of the restaurant not to serve Roma. A supervisor directed the author to a man who explained that several Roma had destroyed restaurant equipment and the restaurant would now only serve "polite Roma.”
On 7 May 1997, the author filed a complaint with the General Prosecutor's Office in Bratislava, ultimately directed to the Railway Police. The Railway Police Department in Kosice reported that it had conducted an investigation into the case and found no evidence that an offence had been committed. The County Prosecutor affirmed. The author also sought remedy from the Slovak Inspectorate of Commerce, responsible for overseeing the lawful operation of commercial enterprises. The Inspectorate reported that during its investigation it had been observed that Roma women were being served at the restaurant and that the owner had arranged that there would be no other discrimination of any polite customers, Roma included. The author claims that the State party's failure to provide any remedies and the absence of any legal norm expressly prohibiting non-discrimination in access to public accommodations constitute failure to comply with its obligation under the Convention.
Admissibility
The Committee held in its previous jurisprudence that an author is only required to exhaust remedies that are effective in the circumstances of the particular case. The Committee noted that the decision of the District Prosecutor was a final decision as far as the criminal procedure was concerned. The facts of the claim were of such a nature that only criminal remedies could constitute an adequate avenue of redress. The communication is admissible.
Merits
The Slovak Republic submitted that the General Prosecution Authority of the Slovak Republic examined the present communication. The Prosecutor General stated that the results of the review sufficiently justified the suspicion that the head of the restaurant had committed a crime of instigation to national and racial hatred under Section 198a para. 1 of the Penal Code and instructed the subordinate prosecution office accordingly. The Kosice District Prosecutor indicted the owner of the restaurant, Mr. J.T. On 28 April 2000, the court declared Mr. J.T. guilty of the crime described in Section 198a, para.1 of the Penal Code and sentenced him to pay a fine of SKK 5000 or, alternatively, to serve a term of three months' imprisonment. The sentence became effective on 25 July 2000. In the view of the Committee, the condemnation of Mr. J.T. and the penalty imposed, even though after a long period of time following the events, constitutes sanctions compatible with the obligations of the State party.
Decision
The Committee made no finding of a violation of the Convention by Slovakia. The Committee, however, recommended the State party complete its legislation in order to guarantee the right of access to public places in conformity with Article 5 (f) of the Convention and to put in place sanctions for the refusal of access to such places for reason of racial discrimination. It also recommended the State party take the necessary measures to ensure that the procedure for the investigation of violations is not unduly prolonged.