CAT/C/FIN/CO/5-6
Person and the Parliamentary Ombudsman sometimes provides limited compensation for
non-pecuniary damage caused by torture or ill-treatment, according to the legal order of the
State party the authorities do not have a general obligation to pay compensation to a person
whose rights have been violated (art. 14).
The Committee recommends that the State party adopt all necessary measures in
order to comply with the full scope of article 14 of the Convention according to which
the State party shall ensure in its legal system that the victim of an act of torture
obtains redress and has an enforceable right to fair and adequate compensation,
including the means for as full rehabilitation as possible, that in the event of the death
of the victim as a result of an act of torture his dependants shall be entitled to
compensation and that nothing shall affect any right of the victim or other persons to
compensation which may exist under national law. In addition, while it welcomes the
existence of two rehabilitation units for torture survivors in the State party, the
Committee recommends that full rehabilitation be made available to all victims of
torture and ill-treatment, in all settings.
Non-admissibility of evidence
21.
While noting that it has not received any information that evidence obtained under
torture has been accepted, the Committee is concerned that criminal law in the State party
does not contain any specific provisions on the prohibition of use of statements obtained
under torture, as set out in article 15 of the Convention. It is also concerned that the
prosecution service has not issued any instructions or orders with regard to the prohibition
of using a statement obtained under torture as element of proof (art. 15).
The Committee recommends that the State party enact legislation specifically
prohibiting the use of statements obtained under torture as evidence and elements of
proof in conformity with article 15 of the Convention.
Ill-treatment
22.
The Committee is concerned that, according to the Deputy Parliamentary
Ombudsman, persons who were arrested for participating in a demonstration were tied by
the police to the seats of their bus and to each other and were not allowed to use the toilet
while in the bus, in violation of Ministry of the Interior Decision 1836/2/07 of 28
November 2007, summary 2007, pages 41–44 (art. 16).
While taking note of the measures taken by the State party to remedy the situation
and prevent such incidents in the future, as stated during the dialogue with the
delegation, the Committee recommends that the State party issue clear guidelines to
be followed by the police when arresting and dealing with persons deprived of their
liberty, in order to prevent any ill-treatment of those detained, as outlined in the Code
of Conduct for Law Enforcement Officials.
Information and statistical data
23.
While taking note of the information about the basis of the compilation of statistics
by the Parliamentary Ombudsman, the Committee recommends that the State party provide
the Committee with data disaggregated by age, gender and ethnicity on: complaints,
investigations of and prosecutions and convictions in cases, if any, of torture and illtreatment by law enforcement, security, military and prison personnel, as well as persons
who are not public servants. It would also appreciate receiving disaggregated data on
trafficking in human beings, the forced clandestine prostitution and exploitation of
immigrant women, violence against women, including domestic and sexual violence, and
means of redress, including compensation and rehabilitation, provided to the victims
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