instead of three months' as required by law. The NPA only rectified that when he
threatened legal action.
5.6 The author does not share the State party's view that the incidents he referred to
at the hearing held on 26 September 1994 do not constitute
discrimination. (3) Those incidents should have been investigated by the SAS
Committee, as had been recommended by the Boekraad Committee. The author still
does not share the State party's opinion that the Boekraad recommendations did not
apply to him and draws the Committee's attention to the fact that the Amsterdam
District Court fully agreed with him. Furthermore, the State party seems to imply
that, because the author has a good command of the Dutch language, he could not
have been subjected to discrimination. He notes that, despite this ability, he still has
a dark skin colour.
5.7 The author strongly objects to the State party's argument that the reason for the
dismissal was his poor results and asserts that his poor results were the direct
consequence of the psychological situation in which he found himself for having
been subjected to discrimination. The State party cannot deny the fact that the
number of students belonging to ethnic minorities who left the police force was
higher than the number of those who joined it and that this was due to institutional
discrimination.
5.8 Finally, the author notes that in its observations the State party does not deny
that he actually experienced the incidents referred to in paragraph 2.1 above.
However, he disagrees with the State party's conclusion that those incidents had
been taken into consideration when the decision to dismiss him was adopted. Since
the incidents in question were the origin of his poor results, his case should have
been carefully investigated and the recommendations of the Boekraad Committee
implemented.
Issues and proceedings before the Committee
6.1 Before considering any claims contained in a communication, the Committee on
the Elimination of Racial Discrimination must decide, pursuant to article 14,
paragraph 7 (a) of the Convention and rules 86 and 91 of its rules of procedure,
whether or not the communication is admissible. The Committee notes that the
State party does not raise objections to the admissibility of the communication and
that it has formulated detailed observations in respect of the substance of the
matter. The Committee considers that all requirements set out in the abovementioned provisions have been met. It therefore decides that the communication is
admissible.
6.2 With respect to the merits of the communication, the Committee considers that
some of the allegations submitted by the author and summarized in paragraph 2.1
above have racial connotations of a serious nature. However, they did not constitute
the subject of the claims brought before the Amsterdam District Court and the