UN: Denmark failed to investigate racist attack

Alert DateApril 26, 2012 Country: Denmark Racism and discrimination phenomena: Xenophobia
General Type: Racist violence, Hate crime Groups affected / Interested in: Refugees Strands: Racism Key Areas: Anti-racist Crime Legislation & Implementation, Policing - Law Enforcement - Justice, Racist violence - Hate Speech Statistics

On 6 March 2012, in its opinion in the case of Dawas and Shava v. Denmark (No. 46/2009), the United Nations Committee on the Elimination of Racial Discrimination (CERD) concluded that a violation of the International Convention on the Elimination of All Forms of Racial Discrimination had occurred.

In 2004, Mr. Dawas, an Iraqi refugee, his wife and children were violently assualted in their own home by 35 offenders, some of them armed, shouting racist phrases. Four men were charged on counts of, i.a., violence, but the Prosecution requested that criminal proceedings be undertaken as summary proceedings based on the defendants' guilty pleas, and decided to revise charges from so-called qualified violence to so-called simple violence. Because of the summary proceedings and revised charges, the possible racist nature of the offence was already set aside at the level of criminal investigation, and was not adjudicated at trial. The defendants were sentenced to 50 days' imprisonment (suspended). The victims then sought compensation for moral damages in civil a proceeding, but their claim was rejected on the ground that they had failed to provide sufficient evidence that the assault committed was racially motivated, or otherwise undertaken on specific the ground of the petitioners' race, nationality or ethnic origin.

The UN Committee held that the Danish authorities had violated their positive obligation to properly investigate and prosecute the serious assault suffered by the petitioners. The Committee considered, i.a., that "the onus was on the State party to initiate an effective criminal investigation, instead of giving the petitioners the burden of proof in civil proceedings".

The Committee recommends Denmark to offer the petitioners redress by granting them adequate compensation for the moral and material injury caused by the violation. It further recommends that Denmark review its policy and procedures concerning the prosecution in cases of alleged racial discrimination or racially motivated violence. It is yet to see how the Danish Government will implement these recommendations. 

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