order, and constituted an interference by the public
authorities with the author's right to leave the
country under the relevant provisions of the Passport
Act, which was, however, justified. It concludes that
the denial of a passport in the case was also
proportional in relation to the author's right to leave
any country, and that the restriction is consistent
with the other rights recognized by the Covenant.
arguing before the courts that he is not under an
obligation to carry out the military duties imposed
by the State, referred to one of the basic purposes of
the provision of section 9 (1) (6) of the Passport Act,
namely, to make sure that those who have not
fulfilled their civic obligation of military or
alternative service will do so and not avoid it by any
other means. The State party further notes that the
author did not show that his liability for military
service did not constitute a bar to the issuing of a
passport, and that there were no changes in his
situation that would have warranted another
conclusion. Furthermore, no mention was made in
his request of any of the grounds referred to in
section 10. In this context, the State party
emphasizes that the author does not require a
passport, for example, for professional reasons, and
that he merely needed one for holiday travel.
7.1 Counsel, in his comments, challenges the
State party's contention that when applying the
Passport Act, the authorities follow precise legal
rules that circumscribe their discretion. In this
context, he notes that, during consideration of the
third periodic report of Finland by the Committee,
several Committee members expressed concern
about the restrictions on the issuance of passports
under the Passport Act and Decree.3 Moreover, after
the examination of the report, the Ministry for
Foreign Affairs recommended to the Ministry of the
Interior that the Passport Act be amended. Counsel
further notes that the circular mentioned in the State
party's submission (para. 6.3) is dated 22 June 1992,
that is, after Mr. Peltonen's case was decided by the
administrative and judicial authorities and after he
had submitted the case to the Committee.
6.6 The State party dismisses as groundless the
claim that the denial of a passport is used as a de facto
punishment for the author's failure to report for
military service. It submits that the denial of the
passport is based on considerations which are
specified in the Constitution Act, Passport Act and
Passport Decree, and which are related to the Military
Service Act. The denial of a passport neither
constitutes a punishment nor in any other way
replaces the investigation of, and the corresponding
punishment for, the offence of failing to report for
military service. If the author returns to Finland and is
arrested, his failure to attend the call-ups will be
investigated and sanctioned. However, the offence
cannot serve as a basis for an extradition request.
7.2 Counsel submits that article 12 of the
Covenant does not make any distinction between
travel for professional reasons and travel for holiday
purposes; he argues that the right to freedom of
movement does not allow States parties to draw such
artificial distinctions.
7.3 The author does not challenge the State
party's position that a State must have some means at
its disposal to secure that conscripts actually perform
their military service; he submits that what is at issue
in the case is not whether the State party is allowed
to take "some measures", but whether the measures
taken in the case are acceptable in light of the
provisions of the Covenant. If the State party wishes
to take "some measures" to secure the performance
of military service, it must take legislative action, for
example, by amending the Criminal Code. It is
submitted that if the State does not take such
measures, it cannot use the Passport Act as a legal
basis for a de facto punishment lasting for more than
10 years.
6.7 The State party notes that, pursuant to article
12, paragraph 3, of the Covenant, the right to leave
any country may be subject to restrictions which are
provided for by law, are necessary to protect national
security and public order (ordre public), and are
consistent with the other rights recognized in the
Covenant. For the State party, it is clear from the
above that the Passport Act, which was passed by
Parliament, is based on the Constitution Act and is
linked to the Military Service Act, fulfils the
requirement of "provided by law". The State party
further submits that the competent authorities and
tribunals have affirmed that the provisions of the
Passport Act are an adequate legal basis in the
author's case, and that their assessment of the case is
neither arbitrary nor unreasonable.
Examination of the merits
6.8 As regards the legitimate aim of the
restriction, the State party asserts that the denial of a
passport falls under the notion of "public order
(ordre public)", within the meaning of article 12,
paragraph 3; the denial of a passport to a conscript
has additional, even if indirect, links to the notion of
"national security". It argues that the authorities'
decision to reject the author's application for a
passport was necessary for the protection of public
8.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
3
CCPR/C/SR.1016, see in particular paragraphs 19
and 35-40.
143
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents