CERD/C/63/D/27/2002 Page 8 Chief Constable did not ascertain important issues; in particular, the fact that Ms Andersen had already been indicted for disseminating racist views made an investigation into possibly organized and systematic conduct on the part of the executive board members important. 5.5 The petitioner rejects that the DRC’s report contained only a “general allegation” against Ms Andersen, as it specifically detailed an alleged criminal offence. An effective investigation would have required at least questioning the alleged perpetrator before deciding whether or not to prosecute. In addition, if membership of the executive board did not itself imply complicity in criminal conduct of the party or its members, and no complaint could be directed against the party itself, there was all the more reason individually to assess the extent, if any, of Ms Andersen’s role in the alleged acts of racial discrimination. 5.6 The petitioner observes that criminal complaints were indeed brought against the individuals personally responsible for the conduct in question, as suggested by the State party, but contends that this does not affect the issue of Ms Andersen’s alleged participation therein, or the effectiveness of the investigation in respect of the charges against her. He thus considers that the State party has failed to show that the decision not to conduct an investigation, the Regional Public Prosecutor’s rejection on formal grounds of the appeal against the Chief Constable’s decision, and the inability to appeal the Regional Public Prosecutor’s decision, were consistent with articles 4 and 6 of the Convention. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claims contained in a petition, the Committee on the Elimination of Racial Discrimination must, in accordance with rule 91 of its rules of procedure, decide whether or not it is admissible under the Convention. 6.2 The Committee notes that the petitioner disclaims any contention that the inability, at the material time, to file a criminal complaint of racial discrimination was in violation of the Convention. Thus, the Committee need not decide whether such a claim would be inadmissible with reference to the six months rule applicable to the timeframe within which a petition may be brought. In the absence of any further objections to the admissibility of the petition, the Committee declares it admissible and proceeds to its examination of the merits. Consideration of the merits 7.1 Acting under article 14, paragraph 7 (a), of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee has considered the information submitted by the petitioner and the State party. 7.2 The Committee notes that the present case involves two different sets of acts by different actors: on the one hand, Ms Andersen herself transmitted press releases by facsimile, in respect of which she was subsequently convicted. On the other hand, speakers at the party conference (of which Ms Andersen was not one) made the series of racist statements, contrary to article 4, paragraph b, of the Convention, described in paragraph 2.4, concerning which criminal complaints were lodged (see paragraph 5.6).

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