186. Legislation under which a pers~n condemned to life ~prisonment could be
sentenced to solitary confinement for a maximum duration of four years had
recently been repealed. Minors under 18 years of age could aow be sentenced
to terms of imprisolwent or other forms of custody only in v~ry exceptional
circumstanceD. The establishment of an independent investigatory body to deal
with allegations of acts of torture was under consideration. The general rule
relating to the free evaluation of svideDue was re9ard~d by the legal
profession in the country as a sufficient guarantee against mating use of
statements elicited through torture.
187. kembers of the Committee commended the Gov~~nment of Finland for its
extremely comprehensive and instructive report and thanked the representatives
of the reporting State for their informative introduction. The amount and the
quality of information provided showed the sincere desire of Finland to
eradicate torture and its keen awareness of the areas in which protection was
particularly necessary.
188. Members of the Committee wished to receive some clarification about the
nature of the applicability of the Convention in Finland since some doubts
subsisted as to w~ether the Convention carried the force of internal law and
it appeared that a distinctio&o was ma4e among articles of the Convention that
were directly applicable, others that were not directly applicable, and still
others that gave rise to uncertainty. It was asked, in particular, whether
the adoption of a special Act to im~lement the Convention had in any way
changed the procedure for ascertaining that officials and authorities complied
with the law and did not exceed their powers. In addition, information was
requested on the role of the National Research Institute of Legal Policy,
especially in relation to torture.
189 With roference to the debate raised in Finland about the need to adopt a
definition of torture under criminal law, some members of the Committee
recalled that torture was often used as a means of intimidating or even
destroying a person and expressed the view that a specific and comprehensive
definition of torture had to be included in the Penal Cede, particularly to
prohibit the increaeingly common psychological forms of torture. They
observed that to assimilate torture to other acts of violence disguised its
exceptional nature and reduced the moral stringency of the legislation
governing it. In most countries, the provisions of internal law were not
~ufficient to prohibit torture as defined by artlcle 1 of the Convention and
the adoption of a precise definition of torture in Finland could encourage
other countries to do so. As an alternative, some members of the Committee
expressed the view that Finland could supplement or amend existing provisions
on acts of violence in ~uch a way as to include all the acts of torture or
ill-treatment coverod by article 1 of the Convention.
190. In connection with article 2 of the Convention, further information
w~s
requested about the roles of the Parliamentary ombudsman and the Chancellor of
Justice, their respective areas of competence, and the bill to extend their
powers which had been recently submitted to the Finnish Parliament. It was
asked, in particular, whether it was correct to assume that the Chancellor of
Justice could not take initiatives, what specific measures the Parliamentary
ombudsman could take against judges or whether his powers were merely
investigatory, and what action the Finnish Government had taken in respect of
complaints brought to its attention by the ombudsman. In addition, several
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