report the manager stated that all loan applicants signed the
same type of application form and that the Danish Bankers
Association had decided that the phrase Athat I am a Danish
national@ would be deleted when the application forms were
reprinted. No further investigative steps were taken. By letter
dated 12 August 1996 the Chief Constable in Skive informed
the DRC that it had decided to discontinue the investigation,
since it could not reasonably be assumed that a criminal
offence subject to public prosecution had been committed. The
letter also provided details on the possibility of filing an action
for damages and enclosed guidelines on how to file a
complaint. By letter of the same date the Chief Constable also
informed Sparbank Vest that the investigation had been
discontinued.
7.2 The State party recalls that on 21 August 1996 the DRC
complained about the Chief Constable's decision to the District
Public Prosecutor in Viborg. DRC stated in its complaint that it
found it worrying that the Chief Constable apparently
considered the requirement of nationality motivated by the
need to ensure enforcement to be a lawful criterion. Mr.
Habassi had a Danish civil registration number and a national
register address in Denmark. That in itself ought to have been
sufficient to prove his ties with Denmark. In addition, he stated
on the loan application that he received a salary and had a
Danish spouse. The bank's practice of demanding
documentation about nationality was a discriminatory act
which could not be justified by considerations of enforcement.
7.3 DRC also stated that for Mr. Habassi it was immaterial
whether the refusal of the bank was based on negative
attitudes towards ethnic minorities (for instance that they are
poor debtors) or on genuine concern on the part of the bank
about enforcement. The salient fact was that despite having
satisfied all the conditions for being granted a loan, he was
required (probably because of his foreignnsounding name) to
provide further documentation. It was therefore Mr. Habassi's
Middle East background that was the cause of the refusal and
not the more formal criterion of nationality. The bank's
statement that the requirement of Danish nationality would be
removed from the application forms did not alter the fact that
Mr. Habassi had been exposed to unlawful differential
treatment against which the Danish authorities had a duty to
offer protection pursuant to the Convention.