Bearing in mind rule 95 of its rules of procedure requiring it to
formulate its opinion on the communication before it,
Adopts the following:
OPINION
1. The author of the communication is Ziad Ben Ahmed
Habassi, a Tunisian citizen born in 1972 currently residing in
Århus, Denmark. He claims to be a victim of violation by
Denmark of article 2, paragraph 1 (d), and article 6 of the
International Convention on the Elimination of All Forms of
Racial Discrimination. He is represented by counsel.
The facts as presented by the author
2.1 On 17 May 1996 the author visited the shop AScandinavian
Car Styling@ to purchase an alarm set for his car. When he
inquired about procedures for obtaining a loan he was
informed that AScandinavian Car Styling@ cooperated with
Sparbank Vest, a local bank, and was given a loan application
form which he completed and returned immediately to the
shop. The application form included, inter alia, a standard
provision according to which the person applying for the loan
declared himself or herself to be a Danish citizen. The author,
who had a permanent residence permit in Denmark and was
married to a Danish citizen, signed the form in spite of this
provision.
2.2 Subsequently, Sparbank Vest informed the author that it
would approve the loan only if he could produce a Danish
passport or if his wife was indicated as applicant. The author
was also informed that it was the general policy of the bank not
to approve loans to nonnDanish citizens.
2.3 The author contacted the Documentary and Advisory
Center for Racial Discrimination (DRC) in Copenhagen, an
independent institution which had been in contact with
Sparbank Vest on previous occasions about the bank's loan
policy visnànvis foreigners. In a letter dated 10 January 1996
the DRC had requested Sparbank Vest to indicate the reasons
for a loan policy requiring applicants to declare that they were
Danish citizens. Sparbank Vest had informed the DRC, by letter