alien affairs
of detainees have not been provided with legal advice during their
process, or their vulnerable position has not been recognised. If the
time between the decision and the enforcement has been prolonged,
the situation or legal practices in the applicant’s home country may
have changed in a way that could be relevant to their case.
Follow-up:
According to the Finnish Immigration Service, the personnel at the Detention Unit
had regularly organised general legal advice on different processes. Advice had been
provided on request or if it had become apparent that a detainee was in need of legal
advice. Furthermore, the introductory information given to all new detainees included
specific sections on the detainees’ right to legal aid and right to appeal, as well as the
practical arrangements for legal aid. In the view of the Finnish Immigration Service,
the general legal advice provided at the Detention Unit meets the legal criteria.
Camera surveillance in the seclusion room
•
The NPM drew attention during its visit to the security camera in the shower space
in the seclusion room. The bare upper part of the body of a person showering was
visible in the camera view. The necessity of having a security camera in the shower
room was discussed with the personnel.
Follow-up:
The Finnish Immigration Service responded that the camera angle in the shower room
had been changed so that the upper part of the person showering is not visible. In
addition, the shower room has a sign on the wall explaining what parts of the body are
not visible in the camera. Having a security camera in the shower room is considered
necessary for the safety of detainees presenting with thoughts of self-harm and to
prevent vandalism.
The arrival medical examination and consent form
•
The arrival medical examinations were routinely carried out but were not based on
a standard questionnaire. The NPM introduced the arrival health-check forms that
were in use in prison health care in different language versions. The health-care in
the Detention Unit had introduced a form in which the detainee gives written consent to disclose certain personal medical data to the officers at the Detention Unit.
The form was available in Finnish only.
The Ombudsman recommended that the arrival medical examination
is carried out as soon as possible on the arrival of the detainee. In addition, any observations of signs that may be the result of physical or
mental abuse should also be recorded, and the detainees should also
be asked about the possible use of violence during their apprehension or transportation. It would be important to raise the issue of potential experiences of torture or other cruel or degrading treatment
during the arrival interview.
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