CERD/C/63/D/27/2002 Page 9 7.3 Against this background, the Committee considers that given the complaint against Ms Andersen in connection with the party conference was not accompanied by any evidence suggesting that she was an accomplice soliciting, directing or otherwise procuring the speakers at the party meeting to engage in the impugned conduct, it is reasonable to conclude, as did the State party’s authorities, that the complaint did not make out a case that Ms Andersen, as opposed to the speakers themselves, had engaged in any act of racial discrimination; indeed, as a matter of criminal law, liability of a member of a party’s executive board could not attach, without additional evidence, in respect of statements made by third parties. 7.4 In the Committee’s view, this case may accordingly be distinguished from previous cases where, on the facts, the Committee has on occasion considered that an investigation into the alleged acts of racial discrimination that had taken place was insufficient for the purposes of article 6.4 In each of those cases, in fact, the investigation was in respect of the individual(s) directly committing the alleged act of racial discrimination, rather than a third party, with the result that no person was held criminally responsible for the acts in question; in the present case, on the other hand, criminal complaints were lodged against those directly responsible. It cannot therefore be considered that there was no effective action taken in response to the acts in question. 7.5 As to the review of the decisions not to prosecute in the present case, the Committee refers to its jurisprudence that “the terms of article 6 do not impose upon States parties the duty to institute a mechanism of sequential remedies” in cases of alleged racial discrimination.5 Accordingly, even if article 6 might be interpreted to require the possibility of judicial review of a decision not to bring a criminal prosecution in a particular case alleging racial discrimination, the Committee refers to the State party’s statement that it is open, under national law, judicially to challenge a prosecutor’s decision. 8. The Committee on the Elimination of Racial Discrimination, acting under article 14, paragraph 7, of the Convention, is of the opinion that the facts before it do not disclose a violation of the Convention in as much as the State party’s action with respect to Ms. Anderson is concerned. 9. In the light of the State party’s obligation under article 4, paragraph (b), of the Convention, however, the Committee would wish to remain apprised as to the results of the criminal complaints lodged against the speakers at the party political conference in view of the racist nature of their remarks, contrary to article 4, paragraph b, of the Convention. The Committee draws the attention of the State party to the need to balance freedom of expression with the requirements of the Convention to prevent and eliminate all acts of racial discrimination, particularly in the context of statements made by members of political parties. [Done in English, French and Spanish, the English text being the original version. Subsequently to be issued in Arabic, Chinese and Russian as part of the Committee’s annual report to the General Assemby.] 4 See, for example, Ahmad v Denmark Case No 16/1999, Opinion adopted on 13 March 2000, and Habassi, op.cit. 5 Dogan v The Netherlands, Case No 1/1984, Opinion adopted on 10 August 1988, at 9.4 (finding no violation of article 6).