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Parliamentary Ombudsman of Finland Summary of the Annual Report parliamentary ombudsman of finland summary of the annual report 2018 report of the annual summary summary of the annual report 2018 parliamentary ombudsman of finland summary of the annual report 2018 summary of the annual report 201� ISSN 0784–5677 Printing: PunaMusta Oy, Helsinki 2019 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 2018. 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 54 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 370 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 2018. Helsinki 20 May 2019 Petri Jääskeläinen Parliamentary Ombudsman of Finland 3 contents Contents To the reader 3 1 General comments 10 Parliamentary Ombudsman Mr Petri Jääskeläinen 11 The Ombudsman supervises the rights of the elderly Deputy-Ombudsman Ms Maija Sakslin 16 Monitoring of the rights of the child Deputy-Ombudsman Mr Pasi Pölönen 20 Overseeing the rights of persons deprived of their liberty – a traditional and evolving special task of the Parliamentary Ombudsman 2 The Finnish Ombudsman institution in 2018 24 2.1 Review of the institution 25 2.2 The special duties of the Ombudsman derived from UN Conventions and resolutions 26 2.3 Division of tasks between the Parliamentary Ombudsman and the Chancellor of Justice 26 2.4 The values and objectives of the Office of the Parliamentary Ombudsman 27 2.5 Operations and priorities 29 Complaints are processed within one year 29 Complaints and other oversight of legality matters 30 Measures 32 Inspections 36 2.6 Cooperation in Finland and internationally 36 Events in Finland 36 International cooperation 37 International visitors 40 2.7 Ombudsman sculpture 40 2.8 Service functions 41 Client service 41 Communications 41 The Office and its personnel 41 Office finances 42 4 contents 3 Fundamental and human rights 43 3.1 The Ombudsman’s fundamental and human rights mandate 44 3.2 The National Human Rights Institution of Finland 46 3.2.1 The Human Rights Institution is accredited with A status 46 3.2.2 The Human Rights Institution’s operative strategy 46 3.3 The Human Rights Centre and the Human Rights Delegation 47 3.3.1 Mandate of the Human Rights Centre 47 3.3.2 Operation of the Human Rights Centre in 2018 47 Education and training on fundamental and human rights 47 Information activities and events 48 Statements and publications 48 Monitoring the implementation of fundamental and human rights 48 Promoting and monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities 49 International cooperation 49 3.3.3 Mandate and operations of the Human Rights Delegation 49 3.4 Rights of persons with disabilities 50 3.4.1 Special mandate to implement the rights of persons with disabilities 50 3.4.2 Tasks of the national mechanism 50 Parliamentary Ombudsman 50 Human Rights Centre 51 Disability Team 52 International cooperation 54 3.4.3 Operating environment and current legislative projects 54 Statements 55 3.4.4 Oversight of legality 56 Complaints and own-initiative investigations 56 Inspection visits 57 Findings on accessibility and the promotion of inclusion 58 3.4.5 Decisions 62 Social welfare 62 Interpreting services for persons with disabilities 68 Health care 69 Guardianship 70 Education 71 3.5 National Preventive Mechanism against Torture 72 3.5.1 The Ombudsman’s task as a National Preventive Mechanism 72 3.5.2 Operating model 73 3.5.3 Information activities 74 3.5.4 Education and training on fundamental and human rights 74 3.5.5 Training 74 3.5.6 Nordic and international cooperation 75 3.5.7 Visits 75 5 contents 3.5.8 Police 77 Inspection visits require up-to-date information on the detention facilities in use 79 Compliance with the National Police Board’s circular in police prisons 79 Shortcomings in outdoor exercise areas 79 Distribution of medicines 80 Separation of investigation and detention responsibilities 80 Information about rights 81 Catering 81 Detention of a suspect in the drunk tank 82 Positive observations 82 3.5.9 The Finnish Defence Forces 83 3.5.10 The Finnish Border Guard and Customs 83 3.5.11 The Criminal Sanctions field 83 Conditions in solitary confinement 85 Placement of remand prisoners 86 Time spent outside the cell 87 Smoking ban 87 Impact of health care resources on prison activities 88 Treatment of foreign prisoners 88 Prisoner transport by train 89 Consideration of prisoners in need of special support 91 Positive observations and good practices 92 3.5.12 Alien affairs 92 Protection of privacy in the shower facilities of the isolation premises 93 Conditions in isolation premises 94 Identification of suicidal tendencies and suicide prevention 94 3.5.13 Units for children and adolescents in the social welfare services 95 Restrictive measures and setting limits are two different things 96 Decision-making on restrictive measures 97 Isolation 97 Restrictions on communication 98 Restricting the freedom of movement 98 Physical examinations and bodily searches 99 Room and mail searches 99 Punitive restrictions 100 Disciplinary measures provided for in the basic education act 100 Children’s right to express their opinion and influence their everyday lives 101 The right to meet social workers 101 Employee behaviour 102 3.5.14 Social welfare units for older people 102 Restrictive measures used in units for older people 103 The safety of residents at night 105 End-of-life care 106 Outdoor time 106 The right to sufficient health care services 108 3.5.15 Residential units for persons with intellectual and developmental disabilities 110 Use of cage beds 112 Sufficiency of human resources 113 6 contents The realisation of privacy in housing services 113 Right to self-determination and opportunities for participation 113 Use of secure room 114 Outdoor time 115 Interviewing clients and their families 115 Use of security guards 115 3.5.16 Health care 116 Prevention of the mistreatment of patients 117 Seclusion premises 118 Treatment of patients in seclusion 119 The Deputy-Ombudsman recommended the patient to be compensated for their treatment while in seclusion 120 Decreasing the use of coercive measures 120 Use of mechanical restraints 120 Involuntary medication 121 Quality of care and care culture 122 Work for decreasing the use of coercion in a state forensic psychiatric hospital 122 Emergency units 124 Supervision of health care for prisoners 125 3.6 Shortcomings in the implementation of fundamental and human rights 126 3.6.1 Ten key problems in fundamental and human rights in Finland 127 Shortcomings in the conditions and treatment of the elderly 127 Shortcomings in child welfare services 127 Shortcomings in guaranteeing the rights of persons with disabilities 128 Policies limiting the right to self-determination in institutions 128 Problems with legal assistance for foreigners and the vulnerability of undocumented immigrants 128 Flaws in the conditions and treatment of prisoners and remand prisoners 129 Problems in the availability of health services and the relevant legislation 129 Problems in learning environments and decision-making processes in primary education 130 Lengthy handling times of legal processes and shortcomings in the structural independence of courts 130 Shortcomings in the prevention of and recompense for fundamental and human rights violations 131 3.6.2 Examples of positive development 131 3.7 The Ombudsman’s proposals concerning recompence and matters that have led to an amicable solution 132 3.7.1 Recommendations
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