fundamental and human rights
�.� national preventive mechanism against torture
The information obtained and experience gained
during visits can be utilised in the handling of
complaints, and vice versa. For this reason, too, it
is important that those members of the Office’s
personnel whose area of responsibility covers facilities within the scope of the OPCAT also participate in the tasks of the NPM. In practice, this
means the majority of the Office’s legal advisers,
nearly 30 people.
The OPCAT requires the States Parties to
make available the necessary resources for the
functioning of the NPM. The Government proposal concerning the adoption of the OPCAT (HE
182/2012 vp) notes that in the interest of effective
performance of obligations under the OPCAT,
the personnel resources at the Office of the Parliamentary Ombudsman should be increased. In
its recommendations issued on the basis of Finland’s seventh periodic report, the UN Committee against Torture (CAT) expressed its concern
about the Ombudsman having insufficient financial or human resources to fulfil the mandate of
the NPM. The CAT recommended that the State
strengthen the NPM by providing it with sufficient resources to fulfil its mandate independently
and efficiently. The CAT also recommended that
Finland should consider the possibility of establishing the NPM as a separate entity under the
Parliamentary Ombudsman.
The Ombudsman submitted his statement on
the matter to the Ministry for Foreign Affairs on
13 October 2017. The Ombudsman states that the
Office has so far received no additional human resources to fulfil its remit as the NPM, although
such increases have been proposed. The Office of
the Parliamentary Ombudsman’s operating and financial plan for 2019–2022 states that allowances
should be made for increasing the human resources in the NPM’s area of responsibility in the planning period. In the Office’s estimate, two additional posts would be required in addition to the
current legal adviser coordinating the duties of the
NPM, obtained through internal organisational
changes. The required additional officials would
be a coordinator and assistant. In the budget proposal for 2018, the Ombudsman did not propose
an appropriation for the new posts. This is partly
due to the fact that the results of the report on the
division of duties between the Parliamentary Ombudsman and Chancellor of Justice have not been
yet decided.
3.5.2
OPERATING MODEL
The tasks of the National Preventive Mechanism
have been organised without setting up a separate
NPM unit in the Office of the Parliamentary Ombudsman. To improve coordination within the
NPM, the Ombudsman decided to assign one legal
adviser exclusively to the role of coordinator. This
was achieved through the reorganisation of duties,
as no new personnel resources were gained. At the
beginning of 2018, the role of principal legal adviser and full-time coordinator for the NPM was
assumed by Senior Legal Adviser Iisa Suhonen. She
is supported by Principal Legal Adviser Jari Pirjola
and on-duty lawyer Pia Wirta, who coordinate the
NPM’s activities alongside their other duties, as
of 1 January 2018 until further notice.
The Ombudsman has also appointed an OPCAT team within the Office. Its members are the
principal legal advisers working in areas of responsibility that involve visits to places referred to in
the OPCAT. The team has ten members and it is
led by the head coordinator of the NPM.
The NPM has provides induction training
for external experts regarding the related visits.
The NPM currently has nine external health care
specialists available from the fields of psychiatry,
youth psychiatry, geriatric psychiatry, forensic
psychiatry, geriatrics and intellectual disability
medicine. Four other external experts represent
the Disability Section of the Human Rights Centre, and their expertise will be used on visits to
units where the rights of disabled people are being
restricted. The NPM also employs five experts
by experience. Three of them have experience of
closed social welfare institutions for children and
adolescents, while the expertise of the other two
is used in health care visits.
During its visits the NPM trives to engage
more frequently in constructive dialogue with
staff regarding good practices and procedures.
Feedback on observations as well as guidance and
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