CERD/C/63/D/27/2002 Page 4 as a member of the party’s executive board, had participated in a violation of section 266(b), as a result of the press releases, newspaper invitation and comments of the annual meeting all described above. The DRC considered it relevant that the Progressive Party had allegedly set up courses allegedly teaching members how to avoid violations of section 266(b), by avoiding the use of certain phrases. 2.7 On 7 January 2002, the Chief Constable of the Odense police rejected the petitioner’s complaint, considering that there was no reasonable evidence to support the allegation that an unlawful act had been committed.2 The Chief Constable considered that membership of a political party’s executive does not of itself create a basis for criminal participation in relation to possible criminal statements made during the party’s annual meeting by other persons. 2.8 On 22 January 2002, the DRC referred the decision to the Funen Regional Public Prosecutor, challenging the Chief Constable’s rejection of the complaint on the basis stated. It contended that Ms Andersen herself was directly involved in the dispatch of the press releases, in respect of which the Odense police had charged her with violations of section 266(b), and that it would therefore be difficult to argue that she had not directly or indirectly called upon other party members to say similar things. Therefore, according to the DRC, the police should at a minimum have conducted an investigation to clarify these matters. On 25 January 2002, the Odense District Court convicted Ms Andersen of offences against section 266(b) of the Criminal Code for the publication of the press releases. 2.9 On 11 March 2002, the Funen Regional Public Prosecutor rejected the complaint, finding that neither the petitioner nor the DRC had the required essential, direct, individual or legal interest to become parties in the case. While the police had taken the view that the petitioner, on account of the nature of the complaint, his ethnic background and membership of Parliament, had standing to pursue a complaint, the State Attorney considered that these elements did not support such a conclusion. The complaint 3.1 The petitioner argues that the decision of the Odense Chief Constable not to initiate an investigation constituted a violation of articles 2, subparagraph 1(d), 4 and 6 of the Convention. Referring to the Committee’s jurisprudence, he argues that States parties have a positive obligation to take serious, thorough and effective action against alleged cases of racial discrimination. The police decision that there was no information to suggest Ms Andersen incited other speakers at the annual meeting fell short of that standard, as the police did not question Ms Andersen or any other speaker. Thus, the police could not examine issues such as whether the speeches could be see as part of an organized attempt systematically to spread racist views, whether Ms Andersen participated in the selection of the speakers, whether she had seen a transcript or knew of the content of the speeches, and 2 The relevant sections of the Administration of Justice Act regulating the investigation of criminal complaints provide as follows: 742(2): “The police shall institute investigations upon a [criminal] report lodged or on its own initiative, when it may reasonably be presumed that a criminal offence subject to prosecution has been committed.” 743: “The purpose of the investigation is to clarify whether the conditions for imposing criminal liability or other legal consequences under criminal law are fulfilled, and to provide information for use in the determination of the case and prepare the conduct of the case before the court.” 749(1): “The police shall dismiss a report lodged if it deems that there is no basis for initiating investigation.”