Awhen threats of racial violence are made and especially when
they are made in public and by a group, it is incumbent upon
the State to investigate with due diligence and expedition (1) It
argues, however, that the present case is of a different nature
and therefore the Committee cannot reasonably set out the
same requirements to investigate as in the said opinion. Even if
the requirement that it is incumbent on the police to
Ainvestigate with due diligence and expedition were to apply
in the present case, where the loan application was actually
granted, the State party considers that the requirement was
met. Although the information laid did not lead to prosecution,
the handling of it by the police did afford the applicant effective
protection and remedies within the meaning of article 2,
paragraph 1 (d), and article 6 of the Convention.
7.8 The State party further contends that there is no basis
either for criticizing the legal assessment made by the
prosecutor. It is noted in this connection that not every
differentiation of treatment is unlawful discrimination within
the meaning of the Convention. In General Recommendation
XIV on article 1, paragraph 1, of the Convention the Committee
stated that Aa differentiation of treatment will not constitute
discrimination if the criteria for such differentiation, judged
against the objectives and purposes of the Convention, are
legitimate (...). In considering the criteria that may have been
employed, the Committee will acknowledge that particular
actions may have varied purposes. In seeking to determine
whether an action has an effect contrary to the Convention it
will look to see whether that action has an unjustifiable
disparate impact upon a group distinguished by race, colour,
descent or national or ethnic origin.@ The decisions of both the
Chief Constable and the District Public Prosecutor show that
the decisions were based on the fact that differentiation of
treatment that pursues a legitimate aim and respects the
requirement of proportionality is not prohibited
discrimination.
7.9 Finally, the State party dismisses the author's claims that
questions relating to the pursuance by the police of charges
against individuals are entirely up to the discretion of the
police and that there is no possibility of bringing the case
before the Danish courts. Firstly, it is possible to complain to
the relevant District Public Prosecutor; secondly, the applicant
had the possibility of filing a civil action against the bank; and
thirdly, the applicant had the possibility of complaining to the
Ombudsman. The effect of such complaint to the Ombudsman