Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
15 November 1999
Share
AFTERNOON
HR/CAT/99/36
15 November 1999
COMMITTEE AGAINST TORTURE OFFERS RECOMMENDATIONS TO FINLAND
Panel Also Hears Responses to Questions From Peru
The Committee against Torture this afternoon presented its recommendations and concluding remarks to Finland about how that country has implemented the provisions of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
Bent Sorensen, who served as rapporteur for the report, said that the Committee welcomed the report and the fruitful dialogue it had with the Finnish delegation.
The Committee noted with satisfaction several legal reforms involving: the prosecution system, prison conditions for Roma people, state mental hospitals, the military, training efforts for people who work with asylum seekers, prisoners and other detained people. It also welcomed the practice of making all statements of the judge available to the accused party.
The Committee, however, did note with concern the lack of a definition of torture its its domestic laws, as required by the Convention, and the use of isolation in certain cases of pre-trail detention. The Committee recommended that Finland make torture a punishable offence in accordance with the Convention, and suggested changes to the law governing isolation in pre-trail places of detention.
Ambassador Pekka Huhtaniemi, Finland's Permanent Representative to the United Nations in Geneva, assured the Committee that its recommendations would be passed along to the appropriate Government bodies in Finland, and he thanked the Committee for a rewarding dialogue.
Also this afternoon, the Committee heard responses it had posed to the delegation of Peru on Friday. Luis García-Corrochano, Vice Minister of Justice, said, among other things, the country had withdrawn from the Inter-American Court of Justice because of a June 1999 court decision which required the Government to award economic compensation to Peruvian terrorists. He called the decision an abuse of power. Still, he added, the country only withdrew from the competence of the Court, but the consultative competence remained in force.
Mr. García-Corrochano also addressed matters concerning recent reforms in the law as they applied to the investigative process; the right of detainees to consult with a lawyer; compensation for victims of torture; and the role of the police when testifying in criminal proceedings.
The Committee will meet again in open session on Tuesday, 16 November, when it will consider the initial report of Kyrgyzstan.
Conclusions and Recommendations from the Committee to the Report of Finland
BENT SORENSEN, rapporteur for the report, said the Committee welcomed the third periodic report of Finland, which was submitted on time and in full conformity with the Committee's guidelines for the preparation of the periodic reports. He said the Committee also welcomed the fruitful and open dialogue with the State party.
The Committee noted with satisfaction: the Act on the Enforcement of Sentences; the amendment of the Mental Health Act and the Act on State Mental Hospitals; the amendment of the Military Discipline Act; the reform of the Finnish public prosecution system; the measures taken to improve the prison conditions for Roma people and foreigners; the decrease in the prison population in Finland; the efforts made in educational programmes for the police and personnel dealing with asylum seekers; the legal measures taken to accommodate asylum seekers in places other than prison; the Finnish practice of making all statements of the accused available to the judge who, according to the law, must take into account only the statements made freely as required by the Convention.
The Committee noted with concern the following: the lack of definition of torture as provided under the Convention, and isolation in certain cases of pre-trail detention.
The Committee recommended that: Finland incorporate adequate penal provisions to make torture a punishable offence in accordance with the Convention; the law governing isolation in pre-trail detention places be changed by establishing judicial supervision for the determination of the isolation its duration and its maximum period.
Remarks from the delegation of Finland
AMBASSADOR PEKKA HUHTANIEMI, Permanent Representative to the United Nations Office at Geneva, assured the Committee that their recommendations and conclusions would be passed along to the appropriate Government bodies in Finland. He said that other members had said the proceedings had been rewarding and were carried out in a very professional manner.
Response from Peru
LUIS GARCÍA-CORROCHANO, VICE MINISTER OF JUSTICE, said the criminal process was to be reformed, notably the investigation process. However, this change was to be gradual due to lack of resources.
He said a person held for drug trafficking, terrorism or spying had the right to communicate personally with his lawyer -- they were not prevented from talking. Any person in Peru had free access to the register of detainees. The Ministry of Justice also planned to set up a system which would be broader in scope. Information in this data base would also include detainees.
In terms of compensation for torture, he said, the legal system provides for compensation. The amount of compensation should be increased in civil and criminal cases. This exercise could be intensified by considering the physical, psychological and moral aspects of the person.
Torture affected all of segments of society, he said. The legal system provided for the guarantees of independence of investigations for allegations of torture. The Congress not only created laws, but could also prosecute and carry out investigations on any subject. A member of Congress could bring any person to court. The press -- which was independent -- played an important part in making cases of torture known. In addition, the criminal procedures concerning the defense of fundamental rights were all public.
The Ombudsman, he continued, could visit any public place, including places of detention. The Ombudsman was autonomous, and had full power to investigate in a number of areas, including forced recruitment into the military service. The delegate said the Ombudsman had a large amount of prestige, which helped him carry out his duties.
Peru did not recognize or punish political crimes, he said. Terrorism, genocide or the crime of torture were not considered to be political crimes; as such, anyone who committed them could be extradited.
Addressing Peru's withdrawal from the Inter-American Court of Justice in cases presented to the Court, he said Peru had exercised its right of defense and carried out the Court's decisions when they were in line with international public law. However, in June 1999, the Court carried out a decision about Peruvian terrorists who had been tried according to Peruvian laws at the time when the crimes were committed. The decision of the Court provided for payment of economic compensation. This constituted an offense to the victims and to the Peruvian society as a whole. The decision of the Court also ordered Peru to change its law. This was an abuse of power by the Court and was unacceptable for a sovereign state. Peru withdrew itself from the competence of the Court, but the consultative competence remained in force.
Habeas corpus for the crime of torture existed to protect the infringement of freedom, Mr. García-Corrochano said. There was a right not to be subjected to violence while giving statements. If this happens and the public official is found guilty, he or she would be removed from office and could possibly be forced to pay compensation.
Addressing a question about statistics on crimes of torture, he said in 1999, there had been two complaints in the legal district of Lima. Full information on the subject would be sent to the Committee.
Concerning special mechanisms for women detainees, they were held in special establishments and were supervised by female staff -- except for some legal, medical or religious assistance, he said. Standards were the same for women and men when it came to the respect of privacy and medical examinations. Women detainees or inmates have resources to the Female Defender of women's and children's rights, an office under the Ombudsman's office.
Regarding training for medical officers, he said a special protocol was taken concerning lesions or death by torture.
Responding to a question about a special regime for inmates sentenced for a crime of treason, he said a gradual regime would be designed to give such convicts training and rehabilitation to change their behaviour and promote peaceful coexistence. He added that this regime did not apply to prisoners in the top ranks of terrorist organisations.
The ratio of male to female prisoners was about 10 to one, he said.
The delegation also said the state of emergency in Lima was raised this year. The delegation then listed the provinces still under a state of emergency. Most were rural areas with limited populations, but there were still terrorist activity to be found there. The President had declared his intention to eliminate the State of Emergency throughout the territory, the delegation added.
Faceless judges occurred because they were afraid for their safety, they said. This had led to the release of important criminals.
Response from the Committee to Peru
PETER BURNS, the Committee's Chairman, asked about what steps were taken after an officer charged with an offense was relieved of his command.
ANDREAS MAVROMMATIS, co-rapporteur to the report, asked for a reply to his question if evidence obtained under torture was admissible. He asked who had the burden of proof if evidence was obtained in this manner. Concerning the special regime, Mr. Mavrommatis said, were prisoners were kept in virtual isolation when they were allowed to exercise?
HR/CAT/99/36
15 November 1999
COMMITTEE AGAINST TORTURE OFFERS RECOMMENDATIONS TO FINLAND
Panel Also Hears Responses to Questions From Peru
The Committee against Torture this afternoon presented its recommendations and concluding remarks to Finland about how that country has implemented the provisions of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
Bent Sorensen, who served as rapporteur for the report, said that the Committee welcomed the report and the fruitful dialogue it had with the Finnish delegation.
The Committee noted with satisfaction several legal reforms involving: the prosecution system, prison conditions for Roma people, state mental hospitals, the military, training efforts for people who work with asylum seekers, prisoners and other detained people. It also welcomed the practice of making all statements of the judge available to the accused party.
The Committee, however, did note with concern the lack of a definition of torture its its domestic laws, as required by the Convention, and the use of isolation in certain cases of pre-trail detention. The Committee recommended that Finland make torture a punishable offence in accordance with the Convention, and suggested changes to the law governing isolation in pre-trail places of detention.
Ambassador Pekka Huhtaniemi, Finland's Permanent Representative to the United Nations in Geneva, assured the Committee that its recommendations would be passed along to the appropriate Government bodies in Finland, and he thanked the Committee for a rewarding dialogue.
Also this afternoon, the Committee heard responses it had posed to the delegation of Peru on Friday. Luis García-Corrochano, Vice Minister of Justice, said, among other things, the country had withdrawn from the Inter-American Court of Justice because of a June 1999 court decision which required the Government to award economic compensation to Peruvian terrorists. He called the decision an abuse of power. Still, he added, the country only withdrew from the competence of the Court, but the consultative competence remained in force.
Mr. García-Corrochano also addressed matters concerning recent reforms in the law as they applied to the investigative process; the right of detainees to consult with a lawyer; compensation for victims of torture; and the role of the police when testifying in criminal proceedings.
The Committee will meet again in open session on Tuesday, 16 November, when it will consider the initial report of Kyrgyzstan.
Conclusions and Recommendations from the Committee to the Report of Finland
BENT SORENSEN, rapporteur for the report, said the Committee welcomed the third periodic report of Finland, which was submitted on time and in full conformity with the Committee's guidelines for the preparation of the periodic reports. He said the Committee also welcomed the fruitful and open dialogue with the State party.
The Committee noted with satisfaction: the Act on the Enforcement of Sentences; the amendment of the Mental Health Act and the Act on State Mental Hospitals; the amendment of the Military Discipline Act; the reform of the Finnish public prosecution system; the measures taken to improve the prison conditions for Roma people and foreigners; the decrease in the prison population in Finland; the efforts made in educational programmes for the police and personnel dealing with asylum seekers; the legal measures taken to accommodate asylum seekers in places other than prison; the Finnish practice of making all statements of the accused available to the judge who, according to the law, must take into account only the statements made freely as required by the Convention.
The Committee noted with concern the following: the lack of definition of torture as provided under the Convention, and isolation in certain cases of pre-trail detention.
The Committee recommended that: Finland incorporate adequate penal provisions to make torture a punishable offence in accordance with the Convention; the law governing isolation in pre-trail detention places be changed by establishing judicial supervision for the determination of the isolation its duration and its maximum period.
Remarks from the delegation of Finland
AMBASSADOR PEKKA HUHTANIEMI, Permanent Representative to the United Nations Office at Geneva, assured the Committee that their recommendations and conclusions would be passed along to the appropriate Government bodies in Finland. He said that other members had said the proceedings had been rewarding and were carried out in a very professional manner.
Response from Peru
LUIS GARCÍA-CORROCHANO, VICE MINISTER OF JUSTICE, said the criminal process was to be reformed, notably the investigation process. However, this change was to be gradual due to lack of resources.
He said a person held for drug trafficking, terrorism or spying had the right to communicate personally with his lawyer -- they were not prevented from talking. Any person in Peru had free access to the register of detainees. The Ministry of Justice also planned to set up a system which would be broader in scope. Information in this data base would also include detainees.
In terms of compensation for torture, he said, the legal system provides for compensation. The amount of compensation should be increased in civil and criminal cases. This exercise could be intensified by considering the physical, psychological and moral aspects of the person.
Torture affected all of segments of society, he said. The legal system provided for the guarantees of independence of investigations for allegations of torture. The Congress not only created laws, but could also prosecute and carry out investigations on any subject. A member of Congress could bring any person to court. The press -- which was independent -- played an important part in making cases of torture known. In addition, the criminal procedures concerning the defense of fundamental rights were all public.
The Ombudsman, he continued, could visit any public place, including places of detention. The Ombudsman was autonomous, and had full power to investigate in a number of areas, including forced recruitment into the military service. The delegate said the Ombudsman had a large amount of prestige, which helped him carry out his duties.
Peru did not recognize or punish political crimes, he said. Terrorism, genocide or the crime of torture were not considered to be political crimes; as such, anyone who committed them could be extradited.
Addressing Peru's withdrawal from the Inter-American Court of Justice in cases presented to the Court, he said Peru had exercised its right of defense and carried out the Court's decisions when they were in line with international public law. However, in June 1999, the Court carried out a decision about Peruvian terrorists who had been tried according to Peruvian laws at the time when the crimes were committed. The decision of the Court provided for payment of economic compensation. This constituted an offense to the victims and to the Peruvian society as a whole. The decision of the Court also ordered Peru to change its law. This was an abuse of power by the Court and was unacceptable for a sovereign state. Peru withdrew itself from the competence of the Court, but the consultative competence remained in force.
Habeas corpus for the crime of torture existed to protect the infringement of freedom, Mr. García-Corrochano said. There was a right not to be subjected to violence while giving statements. If this happens and the public official is found guilty, he or she would be removed from office and could possibly be forced to pay compensation.
Addressing a question about statistics on crimes of torture, he said in 1999, there had been two complaints in the legal district of Lima. Full information on the subject would be sent to the Committee.
Concerning special mechanisms for women detainees, they were held in special establishments and were supervised by female staff -- except for some legal, medical or religious assistance, he said. Standards were the same for women and men when it came to the respect of privacy and medical examinations. Women detainees or inmates have resources to the Female Defender of women's and children's rights, an office under the Ombudsman's office.
Regarding training for medical officers, he said a special protocol was taken concerning lesions or death by torture.
Responding to a question about a special regime for inmates sentenced for a crime of treason, he said a gradual regime would be designed to give such convicts training and rehabilitation to change their behaviour and promote peaceful coexistence. He added that this regime did not apply to prisoners in the top ranks of terrorist organisations.
The ratio of male to female prisoners was about 10 to one, he said.
The delegation also said the state of emergency in Lima was raised this year. The delegation then listed the provinces still under a state of emergency. Most were rural areas with limited populations, but there were still terrorist activity to be found there. The President had declared his intention to eliminate the State of Emergency throughout the territory, the delegation added.
Faceless judges occurred because they were afraid for their safety, they said. This had led to the release of important criminals.
Response from the Committee to Peru
PETER BURNS, the Committee's Chairman, asked about what steps were taken after an officer charged with an offense was relieved of his command.
ANDREAS MAVROMMATIS, co-rapporteur to the report, asked for a reply to his question if evidence obtained under torture was admissible. He asked who had the burden of proof if evidence was obtained in this manner. Concerning the special regime, Mr. Mavrommatis said, were prisoners were kept in virtual isolation when they were allowed to exercise?