Concerning Ms. M. B. (represented by counsel) vs Denmark for violation of articles 2 and 6 of CERD.

The petitioner and her brother, a Danish citizen of Brazilian origin and a friend, a black Brazilian, were waiting to enter the restaurant discotheque “Etcetera”. The doorman, Martin Andersen, told them, that he could not let them enter because the place was too crowded. Thinking that the doorman would inform them whenever they could enter, they decided to wait in front of the restaurant. Later, as they were the only ones waiting, a group of 5/6 Danish people arrived and were immediately allowed to enter. The doorman thereafter told the petitioner and her companions “You should not wait.” They then left the place.

The DRC thus reported the incident to the Danish Police on behalf of the petitioner. The Police of Copenhagen decided not to carry out further investigation, as it was found that the denial of entrance could have been due to other reasons than racial discrimination. The District Public Prosecutor of Copenhagen upheld the decision of the police as he did not found sufficient justification to overturn their decision. Thus a complaint was sent to CERD.

The committee considers that the police could not accomplish a complete and in-depth investigation of the case. Therefore, the Committee has no elements at its disposal which would allow it to conclude that a violation by the State party of the provisions of the Convention has indeed taken place in this case.