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npm annual report 2016 / other activities
4.1
Statements issued
The criminal sanctions sector
In the criminal sanctions sector, three statements were issued during the reporting
year to the Department of Criminal Policy at the Ministry of Justice. One of these
concerned alternatives and arrangements for remand imprisonment. The
Deputy-Ombudsman found justified and supported the proposals put forward by the
working group as options for remand imprisonment, which included an electronically supervised enhanced travel ban and house arrest. Through these methods, the use
of deprivation liberty and the different harmful effects of remand imprisonment on
the prisoner could be reduced.
On the subject of holding remand prisoners in the detention facilities of the police, the Deputy-Ombudsman noted that Finland, too, should achieve the goal of
holding these prisoners in remand prisons after a decision on their imprisonment has
been made. The Deputy-Ombudsman found it extremely important that the working
group’s proposals be implemented. The processing of the matter has advanced since
that time, and the government has submitted a proposal on it to the Parliament (HE
252/2016 vp). The Office of the Parliamentary Ombudsman has issued a statement on
the proposal to the Legal Affairs Committee.
Another important issue relevant to the rights of persons deprived of their liberty
on which the Deputy-Ombudsman issued a statement to the Ministry of Justice concerned restraining prisoners during transport. The Deputy-Ombudsman did
not find the contents of the draft bill justified as it proposed dropping individual consideration. Under the draft bill, all prisoners travelling together could be restrained on
certain conditions, without individual consideration in the case of each prisoner.
The Deputy-Ombudsman noted that the proposal was problematic in terms of
the Constitution, in breach of international recommendations concerning persons
having been deprived of their liberty, and inconsistent with international monitoring bodies’ practice. This matter has also progressed to the Parliament, and the Office of the Parliamentary Ombudsman issued statements on the government bill (HE
263/2016 vp) to the Legal Affairs Committee and the Constitutional Law Committee
in early 2017.
Alien affairs
Several amendments were made to the Aliens Act in 2016. The provisions that
concern district court hearings on taking foreign nationals in custody were lightened.
In the future, cases that concern holding a foreign national in custody will only be
heard again by the district court on request of the person in custody. Previously, such
a case had to be brought before the court every two weeks. The Ombudsman issued
a statement on this matter both in the drafting stage and during the parliamentary
hearing. In addition, the Ombudsman was consulted on the legislative amendment by
parliamentary committees.
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