Somalis accused of attack

Concerning Mr. A.F.J vs Denmark for violation of article 2, paragraph 1 (d), article 4 and article 6 of CERD.

On 18 February 2007, the Danish newspaper Søndagsavisen published an interview with Ms. Pia Merete Kjærsgaard, a member of parliament and the former leader of the Danish People’s Party. In the interview she addresses an incident where she was attacked by a group of individuals in 1998 in Norrebro- ‘Suddenly they came out in large numbers from the Somali clubs.’ The petitioner claims that no Somalis were involved in the incident in question, and that this was a false accusation by Ms. Kjærsgaard against the Somalis living in Denmark.

A complaint was sent to the police but it was rejected, as it seemed unlikely that a crime had been committed. The petitioner appealed to the Director of Public Prosecutions, but he dismissed the case, as he considered that the petitioner had no right to appeal, because the petitioner had neither a personal nor a legal interest in the case. The complaint was sent to the Committee on the Elimination of Racial Discrimination. The Committee declared the communication admissible, as it relates to the State party’s alleged failure to fully investigate the incident.

The Committee recommends the State party to:

-Ensure that the police and judicial authorities conduct thorough investigations into allegations of acts of racial discrimination.

-Draw the attention of politicians and members of political parties to the particular duties and responsibilities incumbent upon them pursuant to article 4 of the Convention with regard to their speeches, articles or other forms of expression in the media.

22. July 2021

CERD 41/2008
  • Decision: 21. August 2009
  • Comm: Race