CERD/C/63/D/27/2002
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whether she, as a member of the Executive Board, tried to prevent expressions of racist
views.
3.2
The petitioner alleges that the decision of the Funen Regional Public Prosecutor that
he had no standing violates article 6 of the Convention. He thus considers himself deprived of
action in response to an act of racial discrimination to which he feels he was exposed. Even if
the speeches were not directed against him, they subjected a group to which he feels
connected to racial discrimination. Further, as section 266(b) is the only criminal provision
concerning racial discrimination, it is essential to hold not only individuals but also political
parties, as identified by members of their Executive Board, responsible for expression of
racist views.
3.3
As to the exhaustion of domestic remedies, the petitioner contends that under the State
party’s law, the Regional Public Prosecutor’s decision cannot be appealed, and thus there is
no possibility that the police will initiate criminal proceedings. He argues that private legal
action brought by him directly against Ms Andersen would not be effective, given that the
police and Regional Public Prosecutor had rejected this complaint. In addition, the Eastern
High Court, in a decision of 5 February 1999, has decided that racial discrimination does not,
in itself, infringe a person’s honour and reputation in terms of section 26 of the Act on Civil
Liability.
3.4
The petitioner observes that the same matter has not been submitted to another
international procedure of investigation or settlement.
The State party’s submissions on the admissibility and merits of the petition
4.1
By submissions of 29 January 2003, the State party disputed both the admissibility, in
part, and the merits of the petition.
4.2
The State party understands the petitioner’s observation on the impossibility of
applying section 266(b) to legal persons as raising a separate claim, which should be declared
inadmissible for failure to present the petition to the Committee within the required six
months time limit. The Aalborg Regional Public Prosecutor’s decision finally to reject the
complaint against the Progressive Party was taken on 3 December 2001, over six months
prior to the submission of the petition, and this claim should therefore be declared
inadmissible. The State party notes however that due to an amendment to the criminal code,
legal persons may be held liable for offences against section 266(b) since 8 June 2002.
4.3
On the merits of the claims concerning the handling of the complaint against Ms
Andersen by the Odense Chief Constable and in turn the Funen Regional Public Prosecutor,
the State party argues that these processes fully satisfy the requirements that can be inferred
from the Convention, and as interpreted in the Committee’s practice. This is so even though
the petitioner did not achieve the result he wanted, that is the initiation of criminal
proceedings, for the Convention does not guarantee a specific outcome, but rather sets down
certain requirements for the handling of such complaints, which were met in this case.
4.4
As to the decision of the Odense Chief Constable police rejecting the complaint
against Ms Andersen, the State party noted that, on the basis of the DRC’s detailed report to
him, he had a broad basis for deciding whether there was reason for initiating a full