racial superiority or hatred and contained elements of incitement to racial discrimination in accordance with article 4, paragraph (a), of the Convention. By concentrating on the fact that Mr. Sarrazin’s statements did not amount to incitement of racial hatred and were not capable of disturbing the public peace, the State party failed in its duty to carry out an effective investigation into whether or not Mr. Sarrazin’s statements amounted to dissemination of ideas based upon racial superiority or hatred. The Committee further considers that the criterion of disturbance of the public peace, which is taken into consideration in the evaluation if statements reach the threshold of dissemination of ideas based upon racial superiority or hatred, does not adequately translate into domestic legislation the State party’s obligation under article 2, paragraph 1 (d), in particular as neither article 2, paragraph 1 (d), nor article 4 contain such a criterion. 12.9The Committee therefore concludes that the absence of an effective investigation into the statements by Mr. Sarrazin by the State party amounted to a violation of articles 2, paragraph 1 (d), 4 and 6 of the Convention. 13.In the circumstances, and with reference to its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system and its general recommendation No. 15 (1993) on organized violence based on ethnic origin, the Committee on the Elimination of Racial Discrimination, acting under article 14, paragraph 7 (a), of the International Convention on the Elimination of All Forms of Racial Discrimination, is of the opinion that the facts as submitted disclose a violation of article 2, paragraph 1 (d), 4 and article 6 of the Convention by the State party. 14.The Committee recommends that the State party review its policy and procedures concerning prosecution in cases of alleged racial discrimination consisting of dissemination of ideas of superiority over other ethnic groups based on article 4 (a) of the Convention and of incitement to discrimination on such grounds, in the light of its obligations under article 4 of the Convention. The State party is also requested to give wide publicity to the Committee’s Opinion, including among prosecutors and judicial bodies. 15.The Committee wishes to receive, within 90 days, information from the State party about the measures taken to give effect to the Committee’s Opinion. [Adopted in English, French, Russian and Spanish, the English text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to the General Assembly.] _________________________________________________ CERD/C/82/3 International Convention on the Elimination of All Forms of Racial Discrimination Distr.: General