basis of article 2, paragraph (d), of the Convention, it is
appropriate to initiate a proper investigation into the real
reasons behind the bank's loan policy visnànvis foreign
residents, in order to ascertain whether or not criteria
involving racial discrimination, within the meaning of article 1
of the Convention, are being applied.
9.4 The Committee notes that the author, considering the
incident an offence under the Danish Act against
Discrimination, reported it to the police. First the police and
subsequently the State Prosecutor in Viborg accepted the
explanations provided by a representative of the bank and
decided not to investigate the case further. In the Committee's
opinion, however, the steps taken by the police and the State
Prosecutor were insufficient to determine whether or not an
act of racial discrimination had taken place.
10. In the circumstances, the Committee is of the view that the
author was denied effective remedy within the meaning of
article 6 of the Convention in connection with article 2 (d).
11.1 The Committee recommends that the State party take
measures to counteract racial discrimination in the loan
market.
11.2 The Committee further recommends that the State party
provide the applicant with reparation or satisfaction
commensurate with any damage he has suffered.
12. Pursuant to rule 95, paragraph 5, of its rules of procedure,
the Committee would wish to receive information, as
appropriate and in due course, on any relevant measures taken
by the State party with respect to the recommendations set out
in paragraphs 11.1 and 11.2.
[Done in English, French, Russian and Spanish, the English text
being the original version.]
Notes
1. // L.K. v. The Netherlands, CERD/C/42/D/4/1991, para. 6.6.