Concerning K. Q. (represented by Eddie Khawaja) vs Denmark for violation of articles 2, 4 and 6 of CERD.

The petitioner is Kamal Quereshi is a Danish national and a member of the Danish Parliament for the Socialist People’s Party.

Pia Andersen, a member of the Executive Board of the Progressive Party, faxed a party press release to media, with the headline “No to more Mohammedan rapes!”. The press release consisted of several discriminatory statements. The DRC, on the request of the petitioner, filed a complaint against Ms Andersen. The Funen Regional Public Prosecutor rejected the complaint, finding that neither the petitioner nor the DRC had the required essential, direct, individual or legal interest to become parties in the case. Thus a complaint was sent to CERD.

The Committee is of the opinion that the facts before it do not disclose a violation of the Convention as far as the State party’s action with respect to Ms. Anderson is concerned. However, the Committee draws the attention of the State party to the need to balance freedom of expression with the requirements of the Convention to prevent and eliminate all acts of racial discrimination, particularly in the context of statements made by members of political parties.