fundamental and human rights
�.� national preventive mechanism against torture
3.5
National Preventive Mechanism against Torture
3.5.1
THE OMBUDSMAN’S TASK AS
A NATIONAL PREVENTIVE MECHANISM
On 7 November 2014, the Parliamentary Ombudsman was designated as the Finnish National
Preventive Mechanism (NPM) under the Optional Protocol of the UN Convention against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT). The Human
Rights Centre (HRC) and its Human Rights
Delegation, which operate at the Office of the
Parliamentary Ombudsman, help fulfil the requirements laid down for the NPM in the OPCAT,
which makes reference to a set of international
standards known as the Paris Principles.
The NPM is responsible for conducting visits
to places where persons are or may be deprived of
their liberty. The scope of application of the OPCAT has been intentionally made as broad as possible. It includes places like detention units for foreigners, psychiatric hospitals, residential schools,
child welfare institutions and, under certain conditions, care homes and residential units for the
elderly and persons with intellectual disabilities.
The scope covers thousands of facilities in total.
In practice, the NPM makes visits to, for example,
care homes for elderly people with memory disorders, with the objective of preventing the poor
treatment of the elderly and violations of their
right to self-determination.
The OPCAT emphasises the NPM’s mandate
to prevent torture and other prohibited treatment
by means of regular visits. The NPM has the power to make recommendations to the authorities
with the aim of improving the treatment and the
conditions of the persons deprived of their liberty
and preventing actions that are prohibited under
the Convention against Torture. It must also have
the power to submit proposals and observations
concerning existing or draft legislation.
72
Under the Parliamentary Ombudsman Act, the
Ombudsman already had the special task of carrying out inspections in closed institutions and
overseeing the treatment of their inmates. However, the OPCAT entails several new features and
requirements with regard to visits.
In the capacity of the NPM, the Ombudsman’s powers are somewhat broader in scope than
in other forms of oversight of legality. Under the
Constitution of Finland, the Ombudsman’s competence only extends to private entities when they
are performing a public task, while the NPM’s
competence also extends to other private entities
in charge of places where persons are or may be
deprived of their liberty, either by virtue of an order given by a public authority or at its instigation
or with its consent or acquiescence. This definition may include, for example, detention facilities
for people who have been deprived of their liberty
on board a ship or in connection with certain public events as well as privately controlled or owned
aircraft or other means of transport carrying people deprived of their liberty.
In the case of the Parliamentary Ombudsman’s Office, however, it has been deemed more
appropriate to integrate its operations as a supervisory body with those of the Office as a whole.
Several administrative branches have facilities
that fall within the scope of the OPCAT. However,
there are differences between the places, the applicable legislation and the groups of people who
have been deprived of their liberty. Therefore, the
expertise needed on visits to different facilities also varies. As any separate unit within the Office of
the Ombudsman would, in any case, be very small,
it would be impossible to assemble all the necessary expertise in such a unit. Therefore, the number of visits conducted would remain considerably
smaller. Participation in the visits and the other
tasks of the Ombudsman, especially the handling
of complaints, are mutually supportive activities.