CERD/C/63/D/27/2002 Page 6 investigation. The State party emphasises that the Chief Constable’s task was not to assess whether the statements made at the annual meeting involved a violation of section 266(b), but whether it could reasonably be presumed that Ms Andersen, as a member of the party’s executive board, could be punished for participation in a violation of section 266(b) on the grounds, inter alia, of statements made by third parties. 4.5 While at the time a criminal report had been lodged against the speakers at the conference and criminal proceedings had been separately initiated by the petitioner against Ms Andersen concerning the two press releases, the petitioner’s complaint contained no information that Ms Andersen had encouraged others to make criminal statements or had otherwise participated in them; rather, it simply made a general allegation that as a member of the executive board, she was criminally liable for participation, and it was in respect of this charge that the decision was made. It would have been open to the author to bring charges against the individuals who had personally engaged in the conduct in question. Accordingly, the State party finds no basis for criticizing the Chief Constable’s decision concerning Ms Andersen, and the dismissal of a report found to be without basis is consistent with the Convention. 4.6 Concerning the specific issues that the petitioner contends the Chief Constable should have investigated, the State party points out, on the argument that the police should have investigated whether the rostrum statements amounted to propaganda activities, that propaganda activity is considered an aggravating circumstance at the sentencing stage (see section 266(b)(2)). It is not a constitutive element of the offence charged, and as it had been determined that there were not reasonable grounds to suspect Ms Andersen had committed an offence against section 266(b), there was no need to further investigate this aspect. 4.7 As to the further issues that the petitioner claims should have been investigated, the State party recalls that the Chief Constable dismissed the case on the ground that membership of a party’s executive committee does not per se involve criminal participation in statements made by others at a party conference. As the information given to the police supplied no basis for initiating an investigation, there was no concrete reason for presuming Ms Andersen was liable for criminal participation in, or encouragement of, statements made by third parties. There was no reason to investigate the further matters raised. 4.8 As to the argument of a violation of the right to an effective remedy protected by article 6, because of the refusal of the Funen Regional Public Prosecutor to consider the petitioner’s case, the State party observes that the Regional Public Prosecutor found that the DRC had no material legal interest that would entitle it to appeal, and that it could not be assumed that the author had such interest. She further stated that a review of the case did not otherwise give rise to any comments, and, thus, she also considered the case on the merits. As the authority superior to the Chief Constable, the Regional Public Prosecutor may proprio motu assess the correctness of a decision on the merits even when formal entitlements to appeal are not satisfied. Indeed, on the basis of the special nature of the violation, and given that section 266(b) of the Criminal Code relates to public statements, there may well be special reason to consider the merits of a case involving a violation of section 266(b) despite the fact that an applicant cannot be considered party to the particular proceedings. This is what transpired in the present case. As the Regional Public Prosecutor assessed the merits of the case, the State party argues it has ensured effective protection and remedies to the petitioner, consistent with article 6 of the Convention.