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Finland of the Annual Report of the Annual Parliamentary Ombudsman Parliamentary parliamentary ombudsman of finland summary of the annual report 2019 report of the annual summary summary of the annual report 2019 parliamentary ombudsman of finland summary of the annual report 2019 summary of the annual report 201� ISSN 0784–5677 Printing: PunaMusta Oy, Helsinki 2020 Format and graphs: Virpi Salminen Translation: Semantix Finland Oy 2 to the reader To the reader The Constitution (Section 109.2) requires the Parliamentary Ombudsman to submit an annual report to the Eduskunta, the parliament of Finland. This must include observations on the state of the administration of justice and any short- comings in legislation. Under the Parliamentary Ombudsman Act (Section 12.1), the annual report must include also a review of the situation regarding the per- formance of public administration and the discharge of public tasks as well as especially of implementation of fundamental and human rights. The undersigned Mr Petri Jääskeläinen, Doctor of Laws and LL.M. with Court Training, served as Parliamentary Ombudsman throughout the year un- der review 2019. My term of office is from 1 January 2018 to 31 December 2021. Those who have served as Deputy-Ombudsmen are Licentiate in Laws Ms Maija Sakslin (from 1 April 2018 to 31 March 2022) and Doctor of Laws and LL.M. with Court Training Mr Pasi Pölönen (from 1 October 2017 to 30 September 2021). Licentiate in Laws and LL.M. with Court Training, Principal Legal Adviser Mr Mikko Sarja was selected to serve as the Substitute for a Deputy-Ombuds- man for the period 1 October 2017–30 September 2021. He performed the tasks of a Deputy-Ombudsman for a total of 88 days during the year under review. The annual report consists of general comments by the office-holders, a re- view of activities and a section devoted to the implementation of fundamental and human rights. It additionally contains statistical data and an outline of the main relevant provisions of the Constitution and the Parliamentary Ombuds- man Act. The annual report is published in both of Finland’s official languages, Finnish and Swedish. The original annual report is about 400 pages long. This brief summary in English has been prepared for the benefit of foreign readers. The longest section of the original report, a review of oversight of legality and decisions by the Om- budsman by sector of administration, has been omitted from it. However, the chapter dealing with the oversight of covert intelligence gathering as well as the chapter of European Union law issues are included in this summary. I hope the summary will provide the reader with an overview of the Parlia- mentary Ombudsman’s work in 2019. Petri Jääskeläinen Parliamentary Ombudsman of Finland 3 contents Contents To the reader 3 1 General comments 10 Parliamentary Ombudsman Mr Petri Jääskeläinen 11 100 years of the Parliamentary Ombudsman 11 Deputy-Ombudsman Ms Maija Sakslin 15 Guarantees of the Parliamentary Ombudsman’s effectiveness and independence 15 Deputy-Ombudsman Mr Pasi Pölönen 20 Good governance secures basic and human rights in basic education 20 2 The Finnish Ombudsman institution in 2019 26 2.1 Review of the institution 27 2.1.1 The special duties of the Ombudsman derived from UN Conventions and resolutions 28 2.1.2 Division of tasks between the Parliamentary Ombudsman and the Chancellor of Justice 28 2.1.3 The values and objectives of the Office of the Parliamentary Ombudsman 29 2.1.4 Operations and priorities 30 Complaints are processed within one year 32 Complaints and other oversight of legality matters 33 Measures 35 Inspections 38 2.1.5 Cooperation in Finland and internationally 39 Events in Finland 39 International cooperation 40 International visitors 41 2.1.6 Service functions 41 Client service 41 Communications 42 The Office and its personnel 42 Office finances 43 3 Fundamental and human rights 44 3.1 The Ombudsman’s fundamental and human rights mandate 45 3.2 The National Human Rights Institution of Finland 47 3.2.1 Composition, duties and position of the Human Rights Institution 47 3.2.2 Accreditation leads to A status once again 47 3.2.3 The Human Rights Institution’s operative strategy 48 4 contents 3.3 The Human Rights Centre and the Human Rights Delegation 49 3.3.1 The Human Rights Centre’s mandate 49 3.3.2 Operation of the Human Rights Centre in 2019 49 Promoting fundamental and human rights 49 Monitoring the implementation of fundamental and human rights 50 Monitoring the implementation of the UN Convention on the Rights of Persons with disabilities 50 Promoting and monitoring the rights of older people 51 International cooperation 52 3.3.3 Activities of the Human Rights Delegation in 2019 52 3.4 Rights of Persons with Disabilities 54 3.4.1 Special mandate to implement the Rights of Persons with Disabilities 54 3.4.2 Tasks and activities of the national mechanism 54 Parliamentary Ombudsman 54 Human Rights Centre 55 Disability Team 57 International cooperation 58 3.4.3 Operating environment and current legislative projects 59 3.4.4 Oversight of legality 59 Complaints and investigations on the initiative of the Ombudsman 60 Inspection visits 61 Findings on accessibility and the promotion of inclusion 61 3.3.5 Decisions 67 Social welfare 67 Early childhood education and teaching 75 Health care 77 3.5 National Preventive Mechanism against Torture 79 3.5.1 The Ombudsman’s task as a National Preventive Mechanism 79 3.5.2 Operating model 80 3.5.3 Information activities 81 3.5.4 Education and training on fundamental and human rights 81 3.5.5 Training 81 3.5.6 Nordic and international cooperation 82 3.5.7 Visits 83 3.5.8 The impact of NPM’s preventive mandate 85 3.5.9 Police 85 The impact of inspection visits 87 Approval of police detention facilities 88 The role of Senate Properties as the lessor of detention facilities 88 Serious deficiencies at Haukipudas detention facilities 89 The separation of police detention and investigation operations 90 Catering in police detention facilities 91 Prevention of deaths in custody 91 Positive observations 92 3.5.10 Defence Forces and Border Guard and Customs 93 3.5.11 District Court detention facilities 94 5 contents 3.5.12 The Criminal Sanctions field 94 Prisoners need more constructive activities and time outside their cells 96 Coercive behaviours among prisoners 98 Position and treatment of foreign prisoners 99 Prisoner transport by train 101 Positive observations and good practices 102 3.5.13 Alien affairs 102 Information on rights and obligations 103 Health-care resources and health assessment on arrival 104 Consent to release medical records 104 Premises 104 Reporting on mistreatment 105 Positive observations 105 3.5.14 Units for children and adolescents in the social welfare services 105 House rules and educational culture at the unit 108 Decision-making on restrictive measures 109 Restrictions on contact 110 Encouraging social relationships 110 Violations of a child’s right to self-determination and privacy 111 Restricting the freedom of movement 112 Confiscation of substances and objects 113 Bodily search and physical examination 113 Isolation 114 Transport services in child welfare service provision 115 3.5.15 Social welfare units for older people 116 Oversight of oversight 119 Right to privacy 120 Self-monitoring plan 121 The use of restrictive measures 121 Definitions of restrictive measures 123 Palliative treatment and end-of-life care 123 Outdoor exercise and stimulating activities 124 Physician’s services 125 Oral health care 125 3.5.16 Residential units for persons with intellectual and developmental disabilities 127 Human resources 128 Promotion of self-determination 129 Identifying restrictive measures 129 Decisions on restrictions 130 Restrictive measures 131 Debriefing of restrictive measures 131 Privacy of residents 132 Positive observations and good practices 132 3.5.17 Health care 133 Visits to elderly care units 135 Inspection visits of emergency units 145 Supervision of health care for prisoners 147 Monitoring the health of a prisoner placed in segregation 152 6 contents 3.6 Shortcomings in the implementation of fundamental and human rights 153 3.6.1 Ten key problems in fundamental and human rights in Finland 154 Shortcomings in the conditions and treatment of the elderly 154 Shortcomings in child welfare services 154 Shortcomings in guaranteeing the rights of persons with disabilities 155 Policies limiting the right to self-determination in institutions 155 Problems with legal assistance for foreigners and the vulnerability of undocumented immigrants 156 Flaws in the conditions and treatment of prisoners and remand prisoners 156 Problems in the availability of health services and the relevant legislation 156 Problems in learning environments and decision-making processes in primary education 157 Lengthy handling times of legal processes and shortcomings in the structural independence of courts 157 Shortcomings in the prevention of and recompense for fundamental and human rights violations 158 3.6.2 Examples of positive development 158 3.7 The Ombudsman’s proposals concerning recompense and matters that have led to an amicable solution 159 3.7.1 State Treasury compensation decisions 2019 159 3.7.2 Recommendations for recompense 161 Rights of the child 161 Right to personal liberty and integrity 161 Freedom of speech and openness 163 Right to social security 165 Legal protection and good administration 166 3.7.2 Cases resulting in an amicable settlement 169 Payment of benefits into the wrong account 169 Recovery of social loans from a student 169 Disclosure of a
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