7.4 The State party also recalls that the District Public
Prosecutor found no basis for reversing the Chief Constable's
decision and argued, in particular, that neither the Act against
Discrimination nor the Convention include nationality as an
independent ground of discrimination. Against this
background it must be assumed that discrimination against
foreign nationals only violates the Act to the extent that it
could be assimilated to discrimination on the basis of national
origin or one of the other grounds listed in section 1 (1).
According to the legislative history of the Act, it had to be
presumed that certain forms of differential treatment could be
considered lawful if they pursued a legitimate aim seen in the
light of the purpose of the Act. In the processing of loan
applications the applicant's ties with Denmark may be of
importance, among other things, for assessing the possibility of
enforcement of the creditor's claim. In consideration of this the
data concerning the applicant's nationality were objectively
justified.
7.5 The State party argues that the police investigation in the
present case satisfies the requirement that can be inferred
from the Convention and the Committee's practice. According
to the Administration of Justice Act the police initiates an
investigation when it can be reasonably assumed that a
criminal offence subject to public prosecution has been
committed. The purpose of the investigation is to clarify
whether the conditions for imposing criminal liability or other
criminal sanctions have been fulfilled. The police will reject an
information laid if no basis is found for initiating an
investigation. If there is no basis for continuing an
investigation already initiated, the decision to discontinue it
can also be made by the police, provided no provisional charge
has been made.
7.6 In the State party's opinion, there is no basis for criticizing
the Chief Constable's and the District Public Prosecutor's
decisions, which were taken after an investigation had actually
been carried out. The police took the information seriously and
its decision was not unsubstantiated. The decision was not
only based on the information forwarded by the author,
including the written correspondence with the bank about its
credit policy, but also on interviews with the author and a
credit manager of the bank.
7.7 The State party refers to the Committee's opinion regarding
communication 4/1991 in which the Committee stated that