CERD/C/67/D/30/2003 Page 11 case involved criminal proceedings which were discontinued by the police, without any action being taken on the part of the authors to have the proceedings re-instigated. The present case involved an authoritative decision by the highest Norwegian Court to acquit a person accused of racist statements. In the former case, the authors could have taken the initiative to protest the decision by the police to discontinue the criminal proceedings, but did not. In the present case, the authors had no possibility of altering the course of the criminal proceedings. Further, Mr. Sjolie had now been acquitted and cannot be retried. The Committee further noted that, in answer to the question asked of it by the Committee during its 64th session, the State party confirmed that the authors could not have requested to become a party to the criminal proceedings against Mr. Sjolie. The State party submitted that the authors could have taken defamation action against Mr. Sjolie. However, the authors contended that the application of defamation laws to racist speech was an unresolved issue in Norwegian law, and the Committee was not in a position to conclude that such proceedings constituted a useful and effective domestic remedy. In the circumstances, the Committee considered that there were no effective domestic remedies to be exhausted, and that according no barrier to admissibility arose in this regard. The authors claimed that they were ‘victims’ of alleged violations of articles 4 7.3 and 6 of the Convention because of the general inability of Norwegian law to protect them against the dissemination of anti-Semitic and racist propaganda. They also claimed that they were ‘victims’ because of their membership of a particular group of potential victims; the authors, together with any other Jews or immigrants, faced an imminent risk of suffering racial discrimination, hatred or violence. They referred in particular to the jurisprudence of other international human rights bodies to support their argument. They invoked the decision of the Human Rights Committee in the case of Toonen v Australia, where the very existence of a particular legal regime was considered to have directly affected the author’s rights in such a way as to give rise to a violation of the International Covenant on Civil and Political Rights. They also referred to the decision of the European Court of Human Rights in Open Door and Dublin Well Women v Ireland, in which the Court found certain authors to be ‘victims’ because they belonged to a class of persons which might in the future be adversely affected by the acts complained of. 14 Similarly, in the present case the authors stated that, following the decision of the Supreme Court, they are at risk of being exposed to the effects of the dissemination of ideas of racial superiority and incitement to racial hatred, without being afforded adequate protection. They also submitted that the decision contributed to an atmosphere in which acts of racism, including acts of violence, are more likely to occur, and in this regard they referred to specific incidents of violence and other ‘Nazi’ activities. The Committee agreed with the authors’ submissions; it saw no reason why it should not adopt a similar approach to the concept of ‘victim’ status as was adopted in the decisions referred to above. It considered that, in the circumstances, the authors had established that they belong to a category of potential victims. 7.4 The Committee did not consider the fact that three of the authors are organizations posed any problem to admissibility. As has been noted, article 14 of the Convention refers specifically to the Committee’s competence to receive complaints from ‘groups of individuals’. The Committee considered that to interpret this provision in the way suggested by the State party, namely to require that each 14 See footnote 17 below, paragraph 44.

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