The UN Committee against Torture Responds to the Fourth Periodic Report of Finland
Press release 170/2005
20 May, 2005
Recommendations and concerns of the UN Committee against Torture
The Committee considers it positive, for instance, that §7 of the Constitution of Finland forbids torture and other cruel, inhuman or degrading treatment or punishment and that representatives of the State party gave oral assurance that the Government shall consider inclusion of a definition of torture, in accordance with Article 1 of the Convention, in the Penal Code. Another positive consideration brought out by the Committee is that no cases of torture were recorded during the report period. Establishment of the Minority Ombudsman also received positive attention. Moreover, Committee members had a favourable opinion concerning the Finnish delegation, which included representation not only from different ministries but also from the Constitutional Law Committee of the Finnish Parliament.
Among other issues, the Committee expressed concern over the fact that although the new Constitution forbids torture, and despite previous Committee recommendations, the Penal Code of Finland does not include a precise definition of torture that would encompass every element of Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Punishment of Treatment.
The Committee also voiced concern that under the accelerated procedure for the processing of applications for asylum, laid down in the Aliens Act, there are extremely limited possibilities for thorough examination of each asylum-seeker’s case and for an asylum-seeker to exercise all means of appeal if the application for asylum is rejected. Yet another concern mentioned by the Committee was the fact that in spite of the on-going renovation of prisons, it will not be possible to give up the use of chamber pots completely until the year 2010.
The Committee recommends, for instance, that Finland: enact precise provisions to criminalise all torture as defined in Article 1 of the Convention; reinforce asylum-seekers’ legal protection; and consider ways to speed up the programme of prison renovation and to improve hygiene in prisons.
Next periodic report
Finland will submit the country’s fifth periodic report to the Committee together with the sixth periodic report in September 2010. The intention is for this report to explain, among other things, the measures taken in different branches of administration on the basis of the recommendations put forward by the Committee. Prior to this, however, within a year from now Finland shall supply information about measures concerning the three recommendations to the Committee.
Additional information: Satu Kaskinen, Senior Officer, Legislative Affairs, Unit for Human Rights Courts and Conventions, tel. + 358 9 160 55298, e-mail: [email protected].