proposals 4.2 Legislative proposals and proposals on recompense Legislative proposals Detention facilities at courts of law In conjunction with a visit to the holding facilities at the Helsinki District Court for persons deprived of their liberty, the Deputy-Ombudsman stated that there are no legal provisions regulating holding facilities at courts of law in Finland. The 2010 government proposal for an act on prisoner transport has lapsed and no similar proposal has been made since. The Deputy-Ombudsman found this problematic and expressed this opinion to the Ministry of Justice. Patient transport The Mental Health Act includes no provisions on executive assistance during patient transport to destinations aside from health-care service units, or on the treatment and conditions of the patient during transport. Furthermore, the law has no provisions on the use of coercive measures by care personnel to restrict a patient’s freedom of movement outside a hospital area, or in order to bring a patient to hospital from outside the hospital area. Care personnel are currently allowed to use coercive measures during transport, mainly in self-defence or as an act of necessity under the Criminal Code. It is the opinion of the Ombudsman that the transport of a patient, their treatment and conditions during transport, and the competencies of the accompanying personnel should be specifically provided for by law. Since problems are continually arising due to the lack of applicable legislation and possible emergency situations, the Ombudsman has called for the amendment of the related legislation as a matter of urgency. The Ombudsman has therefore made a proposal to the Ministry of Social Affairs and Health that the legislation be clarified in this respect. The Ombudsman reiterated this proposal in his decision on a complaint, in which a hospital was found responsible for misconduct after contracting a private security firm to manage the security of patient transport without applying the necessary legal provisions. Proposals on recompense In his role as a supervisor of fundamental rights, the Ombudsman can make proposals concerning recompense for human rights violations. When it is no longer possible to rectify a problem, the Ombudsman may suggest that an authority make an apology to the person whose rights have been violated, or that financial compensation be considered. The proposals have led to a positive outcome in most cases. Below are some examples of proposals on recompense made in 2017, associated with violations against persons deprived of their liberty or with their treatment. 97