Committee against Torture begins examination of Report of Finland

Committee against Torture
MORNING

18 May 2011

The Committee against Torture this morning began its consideration of the combined fifth and sixth periodic report submitted by Finland on how it implements the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Introducing the report, Arto Kosonen, Director of the Ministry of Foreign Affairs of Finland, said that an explicit definition of torture had been inserted into the Criminal Code which strengthened the absolute prohibition of torture under all circumstances and expressed the serious nature of the offence. There was also a new provision in the Criminal Code concerning war crimes and crimes against humanity which more closely reflected the provisions of the Rome Statue of the International Criminal Court in which torture was mentioned as both a crime against humanity and a war crime. In 2012 an independent Centre for Human Rights would be established under the auspices of the Office of the Parliamentary Ombudsman to promote the dissemination of information, education, training and research related to fundamental human rights. Mr. Kosonen announced that in March 2011 an inter-ministerial working group had submitted a report supporting the adoption of the Optional Protocol to the Convention and this would be presented to Parliament for ratification in late 2011.

Mr. Kosonen said that Finland had the lowest prison population in Europe with 3,291 inmates. The country had reduced the number of prisoners through legislative amendments, including the possibility of probationary liberty under supervision. New forms of punishment were highlighted including a monitoring sentence to be introduced in November 2011 that could replace a sentence of up to six months of unconditional imprisonment. Mr. Kosonen said that innovative family wards had been established in prisons where a child under two years could be placed when the parent was held in pre-trial custody or serving a prison sentence.

Fernando Marino Menendez, the Committee Expert serving as Rapporteur for the report of Finland, welcomed the legislative innovations introduced by Finland and asked if the Government had introduced audio or video recording for interrogations of detained individuals. The Rapporteur raised a number of issues concerning vulnerable groups, especially the Sami indigenous people and asked if the Government had ratified the International Labour Organization’s code on indigenous people and if there were any new developments for the protection of Roma peoples in Finland?

Xuexian Wang, the Committee Expert serving as Co-Rapporteur for the report, praised Finland as an example for other countries as there had been no allegation of torture in the country during the reporting period and commended the introduction of family wards in prisons. The Co-Rapporteur encouraged Finland to correct the lack of sanitary facilities in prisons and asked the delegation to explain why Finland dropped a bill on the rights of native inhabitants.

Other Committee Experts raised questions about access for persons with disabilities in detention, whether the Istanbul Protocol was included in training documentation for police officers, was there a fund that would apply in the case of torture or ill treatment by a public official and what were the penalties for female genital mutilation. A number of Committee Experts clarified an issue about violence against women by asserting that it was indeed a part of the Convention as there was a clear obligation of the State Party to prevent this violence under Article 2. An Expert asked if there were plans to create more shelters in the country. The Chairperson remarked that the experience of Finland in prosecuting petty assaults and providing alternative sanctions to alleviate overcrowding in prisons would be of benefit to other countries.

The delegation from Finland included representatives from the Permanent Mission of Finland to the United Nations Office at Geneva, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Social Affairs and Health and the Ministry of the Interior.

The Committee will next meet at 3 p.m. this afternoon to hear the response of Turkmenistan to questions raised on Tuesday, 17 May. The Committee will hear the response of Finland to the questions raised this morning on Thursday, 19 May, starting at 3 p.m.

Report of Finland

According to the combined fifth and sixth periodic report of Finland (CAT/C/FIN/5-6), the Criminal Code was amended by adding a new provision criminalizing torture. The explicit provision aims at strengthening the absolute prohibition of torture within the meaning of the Constitution of Finland and international law. The minimum punishment imposable for torture is 2 years and the maximum punishment 12 years of imprisonment.

All persons detained by the police are afforded fundamental rights and legal safeguards in accordance with the Pre-Trial Investigations Act (449/1987). Suspects who have been arrested or detained (detainees) also have the right under section 10 of the Pre-Trial Investigations Act to consult with a lawyer, in principle of his/her own choice, and to contact a relative from the outset of their detention. The police inform the detainee without delay of this right. The detainees are also entitled to consult with an independent doctor for medical examination.

The number of prisoners in police custody has declined over the past few years. In 2008, the total number of such prisoners was 2,263. On 16 February 2010, the number of remand prisoners in police custody was 109, and the total number of remand prisoners in prisons was 582. The Government intends to take the necessary measures to reduce the number of remand prisoners in police custody and to improve their conditions.

The Parliamentary Ombudsman is responsible for seeing that courts, authorities and public officials as well as other persons exercising public powers act in compliance with the law and perform their duties. The exercise of legal control over prisons, as well as over other sectors falling within the competence of the Parliamentary Ombudsman, is mainly based on complaints. In 2009, of all the complaints received, 354 were registered as complaints concerning the prison administration. The number of such complaints has varied from 240 to 374 in the years 2002 to 2009.

The Criminal Code was amended (Act No 650/2004) by adding provisions which explicitly criminalize trafficking and the Aliens Act has been amended by adding provisions that enable victims of trafficking to be issued with a reflection period and a residence permit, and a system of victim assistance has been established by amending the Act on the Integration of Immigrants and Reception of Asylum Seekers for the purpose of providing assistance and protection for trafficking victims.

Introduction of the Report

ARTO KOSONEN, Director of the Ministry for Foreign Affairs of Finland, introducing the report, said that following the Committee’s recommendation to insert an explicit definition of torture into the Criminal Code, changes were made with provisions to strengthen the absolute prohibition of torture, to express the serious nature of the offence and to underline the fact that Finland supported an absolute prohibition on torture under all circumstances. There was also a new provision in the Criminal Code concerning war crimes and crimes against humanity which more closely reflected the provisions of the Rome Statue on the International Criminal Court. Torture was now mentioned as a specific crime against humanity and as an element of a war crime.

Mr. Kosonen announced that in 2012 an independent Centre for Human Rights would be established under the auspices of the Office of the Parliamentary Ombudsman to promote the dissemination of information, education, training and research related to fundamental human rights. The Centre would include a multi-stakeholder Human Rights Board to promote coordination of fundamental human rights issues based on the Paris Principles. Concerning the Optional Protocol to the Convention, an inter-ministerial working group submitted its report in March 2011 proposing that the Parliamentary Ombudsman would function as the national mechanism and the intention was to submit this proposal to Parliament in autumn 2011.

Extensive laws were passed in 2011, including the Pre-trial Investigation Act, the Coercive Measures Act and the Police Act. These laws expanded the suspect’s right to have the legality of the action taken by police reviewed by a court of law, the legality of a search of premises could be referred for judicial review and a special house search could only be conducted with court permission. Petty assaults on a marital spouse, co-habitant, registered civil partner as well as parents, grandparents and siblings were now subject to public prosecution. The commencement of pre-trial investigation and bringing the perpetrator to justice no longer depended on the will of the victim.

Finland was in the process of ratifying the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse and the Criminal Code would be amended to criminalize child grooming while the levels of penalties would be raised in cases of sexual offences against children. The European Union’s directive aimed at imposing on the Member State more stringent obligations to protect children from sexual abuse and exploitation than the provisions of the Convention against Torture. In 2011 Parliament passed a legal reform under which people working in social welfare, health care and other similar professions were required to report suspicions of sexual abuse to the police.

In 2010 the average number of prisoners diminished by 200 per day and the total figure of prisoners was 3,291, one of the lowest in Europe. Finland had succeeded in reducing the number of prisoners through legislative amendments, including the possibility of probationary liberty under supervision where there was an average of 100 prisoners. Despite the decline in the prison population, remand, female and foreign prisoners had increased their overall share of the prison population. Overcrowding remained in a few prisons and as of April 2011, 222 prison cells in three different prisons had no toilet facilities although there was access to regular toilets for all prison units during all hours.

Laws regulating the care and placement of children whose parents were serving a prison sentence were renewed to improve the rights and conditions of children of imprisoned parents. Family wards were established in prisons and a child under two years could be placed in the family ward with a parent held in pre-trial custody or serving a prison sentence. The decision on the placement of the child in a family ward was made by the child welfare authorities following consultation with the Criminal Sanctions Agency. Social welfare and health care professionals would be present in family wards on a daily basis.

Concerning juvenile prisoners, there were only four prisoners under 18 years of age. The Ombudsman initiated a survey of the placement and conditions of juvenile prisoners and requested the prison administration, by the end of June 2011, to report on which measures it had taken to ameliorate the situation of juvenile prisoners. One option was the possibility to place juveniles serving a prison sentence in facilities outside the prison, which was permissible under the Imprisonment Act subject to certain pre-conditions. In 2010 the Internal Auditing Unit of the Criminal Sanctions Agency initiated a study on prisoners fearing other inmates and long term measures were in the planning stage to address this issue.

Concerning Roma prisoners in Finland, in 20 facilities these prisoners lived in regular wards together with other inmates. In six prisons Roma inmates were quartered in closed wards accounting for 10 per cent of Roma convicts. Prisoners were assigned to closed wards because of conflicts between Roma families, isolation ordered by a court of law because of a criminal investigation, and threatening behavior or fear of other prisoners due to trafficking of drugs in the prison. A new form of punishment, the monitoring sentence would be introduced in November 2011, which was a sanction between community service and unconditional imprisonment and could be imposed instead of up to six months of unconditional imprisonment. It was estimated that monitoring sentences would be handed down to 650 persons annually.

In June 2010, a programme on the prevention of violence against women was adopted with the aim of preventing re-victimization violence, improving the position of victims of sexual violence and the crisis assistance and support provided for them, developing methods to identify and intervene in violence experienced by vulnerable persons and to increase the authorities knowledge in the prevention of violence actions women. Immigrant women were singled out in the programme with a focus on improving capabilities for intervention.

A working group established by the Ministry of Social Affairs and Health examined the right of self-determination of clients of social welfare and health care services. The aim was to reform the provisions restricting the right of self-determination of clients/patients of social welfare and health care services. Separate legislation would be enacted concerning the treatment and examination of patients of forensic psychiatry.

Questions by Committee Experts

FERNANDI MARINO MENENDEZ, the Committee Expert Serving as Rapporteur for the Report of Finland, said he welcomed the legislative innovations introduced by Finland which indicated that the Government had a significant programme in aspects covered by the Convention against Torture. The new definition of Torture in Chapter 11 of the Criminal Code came under the heading on war crimes and crimes against humanity and the Rapporteur asked for an explanation on positioning the crime of torture under war crimes. Had the Government introduced audio or video recording for interrogations of detained individuals? How long was the duration of pre-trial detention, especially for foreigners and would it go beyond six months? Concerning foreigners who were not asylum seekers but illegal immigrants, it appeared these individuals could be detained at border facilities and would detention at the border be longer? How were foreign immigrants treated in detention centres?

The Rapporteur raised a number of issues concerning vulnerable groups, especially the Sami indigenous group and asked if the Government had ratified the International Labour Organization’s code on indigenous people? Were there any new developments in the protection of Roma peoples in Finland? Had there been problems in defining the crime of female genital mutilation and would non-refoulement apply in the case of a woman who might be subjected to this procedure if expelled to her country of origin. Could the delegation provide detail on the legal basis of a sentence that allowed extra-territoriality?

XUEXIAN WANG, the Committee Expert Serving as Co-Rapporteur for the Report of Finland, said that Finland provided a wonderful example for other countries as there had been no allegation of torture in the country during the reporting period. The Co-Rapporteur encouraged Finland to correct the lack of sanitary facilities in prisons. Had measures been taken on the Ombudsman’s proposals to reduce prisoner violence? Could the delegation provide information on how prison conditions for minorities, as mentioned in the report, had declined in some facilities. The Co-Rapporteur commended the family wards in prisons and asked what role parents had in determining if a child would be placed in this unit. Could the delegation explain why Finland dropped a bill on the rights of native inhabitants?

A Committee Expert raised questions about persons with disabilities in detention and requested information on the monitoring mechanisms to ensure that persons with disabilities were provided with access to appropriate facilities in prisons, hospitals and mental institutions.

An Expert asked if the sentence imposed on the crime of torture would be different if the crime contained aggravation. In what situations were chains used in prisons for restraining prisoners? The Expert asked if the Istanbul Protocol was included in training documentation concerning human rights issues for police officers. As there was a law providing for compensation from State funds for the detention of an innocent person, was there also a fund that would apply in the case of torture or ill treatment by a public official?

Concerning the national action plan against female genital mutilation, a Committee Expert asked about the penalties for this crime and were there examples of penalties imposed for this crime.

An Expert raised issues concerning the justice system in Finland, could the delegation provide information on delays in the civil and criminal field and what was the cause of these delays? Were there ethnic minorities who held positions in the judiciary system? Concerning the accelerated procedural system for asylum seekers, a Committee Expert asked about details on reported abuse mentioned in the report. Was there a justice system for minors?

A Committee Expert clarified an issue about violence against women by stating that it was indeed a part of the Convention as there was a clear obligation of the State Party to prevent this violence under Article 2. An Expert asked if there were plans for more shelters in Finland. Concerning vulnerable asylum seekers, an Expert asked about the ways in which tortured asylum seekers could be identified and was there any data on how many were in the county? Was there the possibility to obtain rehabilitation for asylum seekers who were the victims of torture? Concerning the independent centre for Human Rights for 2012, the delegation was asked to explain its relationship with the Ombudsman.

An Expert said that the report was excellent and asked if there was a rehabilitation plan to support minority inmates, particularly Roma, to reintegrate them into society. A Committee member asked for further information on domestic violence.

The Chairperson, in concluding remarks, said that the experience of Finland in prosecuting petty assaults and alternative sanctions to alleviate overcrowding in prisons would be of benefit to other countries.

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