CAT/C/FIN/CO/7
C.
Principal subjects of concern and recommendations
Statute of limitations for acts of torture
6.
The Committee is concerned that the crime of torture is subject to a maximum
statute of limitations of 20 years for bringing charges and that only the most severe cases of
torture, i.e. when the offence is committed as part of a war crime or a crime against
humanity entailing a maximum penalty of life imprisonment, are not time barred with
regard to bringing charges for acts of torture (arts. 1, 2 and 4).
7.
The Committee reiterates its recommendation that the State party amend the
Criminal Code to ensure that acts of torture are not subject to any statute of
limitations (see CAT/C/FIN/CO/5-6, para. 7).
Fundamental legal safeguards
8.
The Committee is concerned about reports that:
(a)
There are delays, sometimes lasting several days, in issuing notifications that
a person has been taken into custody, in particular in cases involving foreigners who are not
resident in the State party and who do not speak Finnish;
(b)
The health care afforded to persons in police custody is inadequate, including
in terms of the systematic medical screening they are subject to upon arrival in police
detention facilities, in particular at Espoo, Imatra, Kuopio, Lahti and Vantaa police
detention facilities;
(c)
Audio and video recordings of interrogations during criminal investigations
are not systematically carried out and only certain police departments have the equipment
needed to record hearings involving children (arts. 2, 11 and 16).
9.
The State party should:
(a)
Implement the legal provisions and comply with the maximum 48-hour
time limit for notifying family members of a person deprived of his or her liberty, or
any other person of his or her choice, that he or she has been taken into custody;
(b)
Ensure that newly arrived detainees, including those held in remand,
receive a routine medical screening by a doctor within 24 hours of their arrival in all
police detention facilities and that access to independent doctors is provided when
requested by the detainee;
(c)
Provide information on medical screening and access to medical care of
all remand prisoners, in particular at Espoo, Imatra, Kuopio, Lahti and Vantaa police
detention facilities;
(d)
Allocate sufficient funds to systematically equip all places where pretrial
investigations take place, in particular police stations, with closed circuit television,
audio and video recording equipment.
Non-admissibility of evidence
10.
While noting that the Code of Judicial Procedure prohibits the use in judicial
proceedings of evidence obtained through torture, the Committee is concerned that chapter
17, section 25 (3), of the Code of Judicial Procedure allows for the use of evidence obtained
unlawfully, including through ill-treatment, if it does not prejudice a fair trial (arts. 2 and
15).
11.
The Committee recommends that the State party amend the Code of Judicial
Procedure to prohibit the admissibility in judicial proceedings of evidence obtained
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