2.6 The author indicates that the decision of the State
Prosecutor is final, in accordance with section 101 of the
Danish Administration of Justice Act. He also states that
questions relating to brining charges against individuals are
entirely at the discretion of the police and, therefore, the
author has no possibility of bringing the case before a court.
The complaint
3.1 Counsel claims that the facts stated above amount to
violations of article 2, paragraph 1 (d), and article 6 of the
Convention, according to which alleged cases of discrimination
have to be investigated thoroughly by the national authorities.
In the present case neither the police department of Skive nor
the State Prosecutor examined whether the bank's loan policy
constituted indirect discrimination on the basis of national
origin and race. In particular, they should have examined the
following issues: first, to what extent persons applying for
loans were requested to show their passports; second, to what
extent Sparbank Vest granted loans to nonnDanish citizens;
third, to what extent Sparbank Vest granted loans to Danish
citizens living abroad.
3.2 Counsel further claims that in cases such as the one under
consideration there might be a reasonable justification for
permanent residence. However, if loans were actually granted
to Danish citizens who did not have their permanent residence
in Denmark, the criterion of citizenship would in fact constitute
racial discrimination, in accordance with article 1,
subparagraph 1, of the Convention. It would be especially
relevant for the police to investigate whether an intentional or
an unintentional act of discrimination in violation of the
Convention had taken place.
State party's submission on admissibility and counsel's
comments
4.1 In a submission dated 28 April 1998 the State party notes
that according to section 1 (1) of Act No. 626 (Act against
Discrimination) any person who, while performing
occupational or nonnprofit activities, refuses to serve a person
on the same conditions as others due to that person's race,
colour, national or ethnic origin, religion or sexual orientation
is liable to a fine or imprisonment. Violation of the Act is
subject to public prosecution, i.e. private individuals cannot
bring a case before the courts.