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198. In his reply, the representative of Finland clarified that in his country
only certain provieions of the Convention could be invoked directly, and it
was for the judicial auth~rities to decide on their scope in each case.
However, the fact that the Convention might either be invoked directly or for
intsrpretative purposes in connection with the application of the relevant
provisions of national legislation made little difference in its effects.
199. With reference to article 1 of the Convention, the representative
indicated that the question concerning the inclusion of a precise definition
of torture in the Dew Penal Code currently under preparation would be
considere6 by Parliament in due course.
200. Referring to issues raised in connection with article 2 of the
Convention, the repreAentative explained that the powers of the Chancellor of
Justice and the Parliamentary Ombudsman overlapped to a considerable e.tent in
order to give aggrieved citizens a choice as to the authority to which they
would submit their complaints. The Bl11 referred to in the report was
primarily a technical measure designed to ensure a better distribution of
resources and to avoid duplication, bearing in mind the formidable number of
complaints lodged. Neither the Parliamentary Ombudsman nor the Chancellor of
Justice had the capacity to impose their views, but both were respected
authorities who played a guiding and advisory role in the Finnish legal
system.
201. Police custody in Finland could not exceed four days. A person so
remanded was entitled to the assistance of counsel during questioring unless
the authorities responsible for the investigation found him untrustworthy or
considered that the case called for a special procedure. The Pre-Trial
Investigation Act regulated the right of a person in police custody to
communicate with his family or to be examined by a doctor. Persons in
pre-trial detention constituted 10 per cent of the prison population which
amounted to 4,000 persons out of a total Finnish population of 4.9 million.
Persons in preventive detention could appeal to a special court which could
grant them parole.
202. Referring to articles 4 and 5 of the Convention, the representative
provided information on penalties lai~ down in the Penal Code for various
offences noting, in partiCUlar, that _hile assault that was actually
perpetrated was a punishable offence, attempted assault was not. There was no
provision of the Penal Code specifically establishing universal jurisdiction.
203. With regard to article 10 of the Convention, the represantative stated
that Finland was applying provisions prohibiting doctors from any form of
complicity in torture. Prison officials were given special training courses
at a special training centre run by specialists in international human rights
law.
204. With reference to articles 12 and 13 of the Convention, the
representative indicated that the great ma;ority of complaints lodged against
members of the police concerned abuse of authority, although sometimes the
alleged uffences involv£~ inhuman treatment under the Convention. CUlprits
were severely censured and were given a warning or reprimand by the
Parliamentary ombudsman or the Chancellor of Justice.
-31-
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