12 May 2010 JUDr. Jozef Škrab JUDr. Peter Šamo JUDr. Roman Tóth Krajský súd v Prešove Hlavná 22 08001 Prešov Slovak Republic Re: Town of Sabinov case, 25 C 192/2007, Case no. 8107231252 Dear Honorable Justices Škrab, Šamo and Tóth of the Regional Court of Prešov, The Centre on Housing Rights and Evictions (COHRE) is an international non-governmental organisation with its head office in Geneva, Switzerland. COHRE has Special Consultative Status with the Economic and Social Council of the United Nations as well as Consultative Status with the Council of Europe including being authorized to bring Collective Complaints under the European Social Charter and Revised European Social Charter. COHRE welcomes the recent decision of the District Court for Prešov in the Town of Sabinov case regarding racial segregation and inadequate housing conditions in which it relied in part on international human rights law to find violations of the principle of equal treatment. We are writing to urge the Regional Court of Prešov to affirm that decision. Of particular interest to COHRE is the lower Court’s proper reliance on international human rights law, including under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). As you know, Article 11 of the Constitution of the Slovak Republic states that “International treaties on human rights and basic liberties that were ratified by the Slovak Republic and promulgated in a manner determined by law take precedence over its own laws, provided that they secure a greater extent of constitutional rights and liberties.”1 With regard to the international treaties on human rights relevant to the present case, ICERD requires the Slovak Republic and its political sub-divisions to “condemn racial segregation … and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”2 while the ICESCR requires that the provision of adequate housing for all eprogressively realised in an expedient manner. 3 The District Court of Prešov correctly applied these obligations to the Town of Sabinov case.
1
Constitution of the Slovak Republic, Art. 11, adopted 3 September 1991. International Convention on the Elimination of All Forms of Racial Discrimination, Art. 3, 660 UNTS 195, entered into force4 January 1969. 3 See, International Covenant on Economic, Social and Cultural Rights, Art. 2(1) and Art. 11, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force 3 January 1976. 2
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Consequently, COHRE urges the Regional Court of Prešov to affirm the decision of the District Court for Prešov in this important case, including the proper reliance on international human rights law.
Respectfully submitted,
Salih Booker Executive Director Centre on Housing Rights and Evictions (COHRE)
[Please send any reply to Bret G. Thiele, COHRE Attorney and Senior Expert – Litigation and Legal Advocacy at bret@cohre.org]