L. K. v. the Netherlands
16 March 1993
(Communication No. 4/1991), UN Doc. CERD/C/42/D/4/1991
Subject:
Article 4 (a), Article 6 - incitement to racial discrimination; incitements to acts of violence; states parties shall assure effective remedies:
The complainant faced racist remarks and threats by Members of the public as he was inspecting municipal housing for his family to reside in.
Conclusion:
Violation of Article 4 (a): CERD held that this constituted incitement to racial discrimination and to acts of violence against persons of another colour or ethnic origin and that the investigation into these incidents by the police and prosecution authorities was incomplete. CERD indicated that when threats of racial violence are made, and especially when they are made in public and by a group, it is incumbent upon the State to investigate with due diligence and expedition.
(Paragraphs 6.3, 6.6)