CAT/C/FIN/CO/7
through ill-treatment and remove the provisions that give courts discretionary
authority when it comes to the use of evidence obtained unlawfully.
Non-refoulement
12.
While taking note of the nearly tenfold increase in the number of asylum
applications in the State party over the past year and the increase in the refugee recognition
rate, the Committee is concerned that recent changes in legislation and practice may have
reduced legal safeguards for asylum seekers and increased the risk of refoulement. It is
concerned about the abolishment of “humanitarian protection” as a national protection
category and about restrictions on legal aid for asylum seekers. It is also concerned that the
acceleration of status determination procedures may result in a person’s speedy removal
from the country, giving the person affected a maximum of seven days to apply for an
enforcement ban while an appeal on a negative decision is being considered in court, and
may not have an automatic suspensive effect. The Committee is also concerned that asylum
seekers who are victims of torture may not be effectively identified and that asylum seekers
continue to be detained, in particular pending their removal from the country. Moreover, it
is concerned about the absence of statistics regarding the number of asylum seekers and
undocumented immigrants held in detention facilities run by the police and the Finnish
Border Guard (arts. 2, 3 and 16).
13.
The State party should:
(a)
Take effective legislative, judicial and administrative measures in order
to maintain the high quality of refugee status determination procedures while
complying with its obligations regarding non-refoulement under article 3 of the
Convention;
(b)
Ensure that all asylum requests are evaluated on an individual, case-bycase basis, that legal aid is available to asylum seekers during all stages of the
proceedings, that asylum seekers have an effective right to appeal negative decisions
and that legislation that deals with the deportation of foreign citizens allows for
appeals to courts against deportation orders to have a suspensive effect;
(c)
Ensure that no person is expelled, returned or extradited to a country
where there are substantial grounds for believing that he or she would be in danger of
being subjected to torture;
(d)
Ensure screening for mental health disorders and other consequences of
torture-related trauma and provide support, appropriate specialized treatment and
rehabilitation to all asylum seekers who are victims of torture;
(e)
Refrain from detaining asylum seekers and aliens, promote alternatives
to detention and revise its policy to bring it into line with the Guidelines on the
Applicable Criteria and Standards relating to the Detention of Asylum Seekers and
Alternatives to Detention;
(f)
Set up a mechanism to monitor and provide statistics, disaggregated by
sex, age, ethnicity and country of origin, on asylum seekers and undocumented
immigrants detained under the Aliens Act and provide the Committee with that
information.
National preventive mechanism
14.
The Committee is concerned that, while the Parliamentary Ombudsman has been
entrusted with the task of serving as the national preventive mechanism, insufficient
financial or human resources have been allocated to the Ombudsman and that the
mechanism may not have the human resources necessary to carry out its mandate (art. 2).
4