detainees
could be released
of the sentence.
on probation
after
serving
one
half
or two thirds
123. In reply to questions concerning the Dangerous Recidivists
Act, the
representative
explained that the decision to place a person in solitary
confinement was initially
the responsibility
of a tribunal
but that an
administrative
organ - a prison board - then took the final decision.
Appeal
was possible against the decision of the tribunal.
There were plans to
abolish the penalty of preventive
detention and to introduce,
on an
experimental basis, sentences that would take the form
or commuafty service.
The fall in the number of prison sentences being served was due to frequent
recourse to penalties other than imprisonment and the fact that the sentences
imposed were shorter.
The period in which an appeal could be made against a
decision to confine a person forcibly
in a psychiatric
hospital was to be
AIDS and HIV infection
were not
shortened in order to speed up the procedure.
classified
as contagious diseases dangerous to public health because the
Contagious Diseases Act, which was strictly
interpreted,
covered only diseases
whose spread could be prevented by measures directed at a person having, or
suspected of having, the disease,
124. With regard to that issue , members of the Committee asked for
clarification
as to whether the amendments to the Cost Free Proceedings Act,
discussed in paragraph 84 of the report,
had actually
resulted in the
withdrawal of Finland’s reservation
to article
14 (3) (d) of the Covenant, and
what consideration
was currently
being given to the withdrawal of the Finnish
reservation
to article
14 (7) of the Covenant.
They also wished to receive
further
information
concerning the application
in practice of the Publicity
of
Court Proceedings Act (No. 945 of 21 December 1964).
125. In his reply, the representative
stated that the reservation
by Finland
in respect of article
14 (3) (d) had become unnecessary and had been withdrawn
on 1 August 1990. The Government did not intend to withdraw the reservation
to article
14 (7) of the Covenant since the paragraph in question did not
appear to be in conformity with the spirit
of Nordic law, and the present
legislation
was not contrary to the principle
of ne
on which
article
14 (7) of the Covenant was based. The application
of the Publicity
of
Court Proceedings Act had presented few problems and there were very few
public hearings at the appellant level.
Nevertheless,
a committee had
recently been appointed to revise the procedures of the courts of appeal and
other courts with a view to enhancing the public nature of the proceedings,
of-
and -ion
,
of sl.rens
126, With reference to that issue, members of the Conunittee wished to be
provided with information
concerning procedures for appeal against adverse
decisions taken under the Passport Act and Passport Decree, which entered into
force on 10 October 1967. With regard to the grounds for refusing a passport
under the new Passport Act, members of the Committee noted that these grounds
could give rise to abuses
by the authorities
and seemed to be incompatible
with article
12 of the Covenant.
They also wished to know what remedies were
available in case an alien’s work or residence permit was withdrawn, which
appeared to have the effect of an expulsion decree.
-31-
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