The Finnish Ombudsman
http://groups.google.fi/group/soc.culture.greek/msg/bf640c9706b139fd?hl=en&dmode=source
The Finnish ombudsman
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The claim: The proceedings should be stopped on the following grounds:
Human rights are the Rights of a normal citizen towards the
administration. The report by Finland February 2009 was prepared by
administration ie the report was prepared jointly with the Prime
Minister's Office and the relevant ministries. This party is
responsible for all human rights violations in Finland by definition.
This proves that the report is falsified and it gives totally wrong
picture of the real situation in Finland.
The whole process now going on in Geneva reminds me, when Red Cross
visited and investigated the Theresienstadt concentration camp in
Nazi-Germany in forties. Everything was fine, spick et span, as it was
well prepared as propaganda and theater.
The processing of the Finnish case should be stopped untill a neutral
and realistic report is on hand for the UN Human Rights Council.
More detailed but only draft evaluation because of lack of time of the
Finnish Feb 2008 report follows.
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UNIVERSAL PERIODIC REVIEW BY
THE UNITED NATIONS HUMAN RIGHTS COUNCIL
REPORT BY FINLAND
February 2008
2
A. NATIONAL PREPARATION OF THE REPORT
1. The Ministry for Foreign Affairs was responsible for preparing and
coordinating Finland's national report submitted for periodic review by
the Human Rights Council of the United Nations (UN). The report was
prepared jointly with the Prime Minister's Office and the relevant
ministries.
JR: Report is prepared by Human Righst violators themselves. This proves
that report is propaganda, falsified and full on lies.
2. Participation by civil society in the reporting process significantly
contributed to both the report's content and the Government's
continuous and open human rights dialogue with non-governmental
organisations. On 6 February 2008 the Ministry for Foreign Affairs
arranged a dis-cussion meeting, which was also attended by
representatives of a number of ministries. At this meeting,
non-governmental organisations expressed their views on the challenges
of Finland's human rights situation and put forward proposals on how to
ensure more effective implementation of human rights. The draft report
was sent out to organisations for comment before the discussion meeting.
JR: There is no list of the NGO:s involved. Actually there are very few
real NGO:s in Finland as most are manned by administration and funded
by the State. There is no reporting of the comments by NGO:s. For the
hearing adminstration invited those NGO:s suitable for them ie, which
are less critical.
B. FRAME OF REFERENCE OF HUMAN RIGHTS IN FINLAND
Basic rights and liberties
5. In Finland, public authorities are responsible for ensuring the
implementation of basic rights and human rights. An overall reform of
the basic rights and liberties took effect on 1 August 1995.
Its main purpose was to create in Finland a basic rights system that is
in full compliance with the international human rights obligations and
thus reinforce the fulfilment of these obligations at national level.
The Constitution of Finland (731/1999) guarantees the inviolability of
human dignity and the freedoms and rights of the individual and promotes
justice in society. One of the objectives of the basic rights reform
carried out was to increase the direct applicability of basic rights and
liberties by courts and other authorities in their decisions. Before the
reform these authorities made only limited references to basic rights
and liberties, but thereafter they have clearly referred increasingly to
these rights in the reasoning for their decisions.
Legislation.
JR: This is only theory. Nobody really follows the implementation of the
basic rights. There is no basic law court for ex. There are about 500
valid laws, which are against the basic law.
6. Finnish legislation consists of a great number of statutes (the
Constitution, the acts and the lower level legislation). In addition, as
a member state of the European Union, Finland applies directly
applicable Community legislation. Because of the extensive number of
statutes it is impossible to provide a detailed analysis of the
implementation of human rights at the level of legislation. Below in
this report reference is made to legislation in thematic contexts.
JR: EU-law is not known to the experts. The Supreme Court president Ms
Pauliine Koskelo told the audience in Turku University last autumn that
Finnish judges, lawyers and jurists generally do not know and
understand the EU-law and it is also not taught in the Universities.
Judiciary
7. The Constitution of Finland guarantees everyone the right to have his
or her case dealt with appropriately and without undue delay by a
legally competent court of law or other authority, as well as to have a
decision pertaining to his or her rights or obligations reviewed by a
court of law or other independent organ for the administration of
justice. Provisions concerning the publicity of proceedings, the right
to be heard, the right to receive a reasoned decision and the right of
appeal are laid down by an act. The courts of law are independent and
impartial. In their decision-making, the courts of law are only bound by
the law currently in force. No external actor can intervene in their
decisions.
JR: The real life is totally opposite. I refer to the report by Mr Jukka
Davidsson Feb 2008 to Ms Louise Arbour. There are many secrect
courtprocesses and thereby against the basic law. In the courtprocess
the judge does not write what has been really said in the courtroom by
different parties. Judge only writes his own report to support his own
decision. Reporting is falsified. In a secrect meeting 6th of May 1992
that time president of the republic Mauno Koivisto forced the courts to
implement falsifed processes ie to guarantee that banks and public
officials are always winning the case against a normal citizen.
European remedies
8. Finnish authorities and courts are responsible for ensuring
compliance with obligations deriving from the European Community law and
the European Convention on Human Rights. In these contexts, as a rule,
appellants primarily resort to national remedies. In some cases, however,
it is possible to turn to European authorities or remedial bodies. For
example, every person under the jurisdiction of Finland may appeal to
the European Court of Human Rights, if he or she has exhausted the
national remedies. For Finland the right of access to a court that is
guaranteed by Article 6 of the European Convention on Human Rights
('Right to a fair trial') has been unproblematic. However, the excessive
length of proceedings in Finland has caused problems and is currently
the most frequent ground for judgments establishing Finland's violation
of the Convention.
JR: Those responsible for wrong judgements are never punished nor made
responsible for damages. Wrongdoers can continue their behaviour.
Guardians of the law
9. The Chancellor of Justice of the Government and the Parliamentary
Ombudsman are the supreme guardians of the law inFinland. As an
important part of their duties both of them monitor the implementation
of basic rights and human rights. In practice, the Chancellor of Justice
and the Parliamentary Ombudsman supervise legality by processing and
ruling on complaints against actions of authorities and others
performing public tasks. Both guardians of the law may also investigate
matters on their own initiative. Their competence is limited to
intervention due to procedural faults, and they may not amend judgments
of the courts, which are independent, or of authorities.
Through their work, however, the Chancellor of Justice and the
Parliamentary Ombudsman can steer the authorities to take basic and
human rights better into account in their activities.
JR: Very seldon there is any acion against the public officials. The
trust for these guardians of law has eroded and totally vanished.
Ombudsmen
10. Supervision of legality is additionally carried out by four other
ombudsmen, with different emphasis on legality: the Ombudsman for
Equality, the Data Protection Ombudsman, the Ombudsman for Minorities
and the Ombudsman for Children. The ombudsmen may issue statements on
defects that they have noticed and take initiatives if they deem it
necessary.
JR: Ombudsman for Children Ms Aula is not an expert on this field. She
is a politician. Lately she was special advisor for that time
primeminister Mr Aho. This job was created for her specially and office
close to her home ie in central Finland, remote Jyväskylä.
Advisory boards
11. Finland has long traditions of cooperation between the state
administration and civil society. A good example of this cooperation is
the large number of advisoryboards, including the Advisory Board on
Human Rights, the Advisory Board on Romani Affairs, the Advisory Board
for Ethnic
Relations, the Advisory Board for the Ombudsman for Children, the
Advisory Board for Minority Issues, the Council for Gender Equality and
the Advisory Board for Sámi Affairs, where representatives of civil
society contribute to the development of human rights. Among other
things, the advisory boards issue statements and make proposals for the
development of legislation and other measures.
JR: These are manned by yes-men and –women, loyal supporters of the
administration.
Concluding observations of the UN Treaty Monitoring Bodies concerning
Finland
70. Family violence against childrenandsexual abuse of children and
young personsseri-
ouslyviolate children's rights. The purpose of the Child Welfare Act
that took effect at the beginning of 2008 is to ensure that the child's
rights and interests are taken into account in child welfare measures,
and to guarantee the child and his/her parents the supportive measures
and services that they need. The purpose is also to promote
child-specific and family-specific child welfare measures. Health care
centres and hospital districts are obliged to provide expert assistance
in child- and familyspecific measures, and if necessary, to arrange
examinations of the child as well as treatment and therapy services for
him/her. Municipalities are obliged to arrange urgent services for
children if sexual abuse or assault is suspected. As from the beginning
of 2009, the costs for the aforementioned services will be borne by the
State, and this will probably increase the supply of such services. The
fact that cases of family violence against children are pending in
courts reflects a change in the atmosphere in Finnish society. The
Ministry of Justice will probably, in the near future, set up a working
group to consider the question of linking an obligatory medical
treatment of sexual offenders with the sanctions system.
JR: There must be high level support for the child abusers within the
administration as the case of paediatrician Ritva Salunen shows.
71. The Constitution of Finland prohibits torture. Torture is punishable
under the Finnish Penal Code, but not as a specific type of offence.
Different acts of torture are mainly punished as aggravated assault,
coercion and/or other serious offences and, if the perpetrator is a
civil servant, also as aggravated abuse of public office. In certain
circumstances, for example in armed conflicts, torture would also be
punishable as a war crime or violation of human rights in a state of
emergency. In its conclusions concerning Finland, the UN Committee
against Torture has considered that states should enact a specific penal
provision concerning torture offences. In June 2007 the Ministry of
Justice appointed a working group to draft a government bill for penal
provisions on torture. The bill will be submitted to the Parliament
towards the end of 2008. A government bill (HE 55/2007) submitted in
September 2007 proposes that the provisions of Chapter 11 of the Penal
Code concerning war crimes and offences against humanity should be
amended so as to better comply with the criminalisations in the Statute
of Rome. In this bill, torture is mentioned expressly as a component of
an offence against humanity and a war crime.
JR: There is torture in mental hospitals. Medical experiments are
carried out on the patients against their will and knowledge of the
fatality of the experiments. The one only person responsible for this
situation by law is ombudsman Ms Riitta-Leena Paunio. She has done
nothing to correct the situation only hiding and covering the wrondoing.
77. The increased abuse of alcohol and drugsandthe high frequency
ofmental problems are among major concerns in Finland. Due to the
defects found in the implementation of the rights of intoxicated persons
the Ministry of Social Affairs and Health has issued instructions for
their acute care. The instructions place special focus on the influence
of intoxication in access to services and the division of work between
emergency health care and social welfare services, psychiatric care and
the police.
JR: some 400 000 persons are using depression medicaments. Calculated
this towards active population this makes some 40%. The cost of the
medicament is high, some 150€ per 3 months dose. Many cannot afford this
so they use cheaper alcohol. This shows how sick the Finnish society
really is.
D. ACHIEVEMENTS, GOOD PRACTICES AND CHALLENGES
D.1. Achievements and good practices
Realisation of the rule of law
78. Good governance provides good conditions for the implementation of
basic rights and liberties and human rights in Finland. Public
administration in Finland is characterised by transparency of
administration – including open document publicity – , respect for the
rule of law, well-reasoned decisions, transparency in decision-making
and a low degree of corruption, which is very low even by international
standards. The exercise of public power is based on law, and the law
must be carefully complied with in all public activities. Authorities
cannot have competence to exercise public power without a specific
justification for it in the legal system. The Finnish administration
seeks dialogue with citizens. Nopeus, tehokkuus vai oikeudenmukaisuus
("Rapidity, efficiency or fairness"); Publication series of the
Ombudsman for Minorities 2/2005.
JR: This is only theory. In practise for example investments are
disappearing from Finland because of lack of Justice and the Rule of Law
as told by the Supreme Administrative Court President Pekka Hallbetg to
the audience in Turku University seminar in 2006.
79. The Finnish system of government is based on the principles of
democracy and the rule of law. Democracy is reflected in the democratic
arrangement of the exercise of state power and other jpublic power.
Elements of this are especially the status of the Parliament, elected by
the people by direct elections, as the highest organ of government and
the fact that the exercise of public power is ultimately based on acts
enacted by the Parliament. The democratic system of government
essentially includes ensuring the freedom of action of civil society as
well as the broadest possible opportunities for people to participate
and influence in different sectors of societal life. The Constitution of
Finland is characterized by the principle that, in a democratic society,
an individual's opportunities to influence the development of his/her
society and living environment must not be restricted to the right to
vote in elections.
JR: This is only theory. The real life dirty. Finland got new basic law
on 1st of March 2000. By that new law parliament elects the
primeminister not president as earlier. That time primeminister Paavo
Lipponen just continued with his cabinet. Parliament did not elect him
to this post. This was indirect coup de-tat. Ms Anneli Jäättenmäki
became the first woman primeminister in 2003. She and her government
was illgally dismissed in June 2003. This was again bloodless coup
de-tat, In which present primeminister Mr Matti Vanhanen got the power
illegally. The case is still linvestigated by Chancellor on Justice Mr
Jonkka. So far nothing has happened. Mr Jarmo Korhonen secretary general
of the Center party has given proof that this was bloodless coup de-tat
supported by Ms Jääteenmäki´s party associates.
D.2. Challenges
Compensation for violations of basic rights and human rights
88. Violations ofhuman rights must be prevented to the extent possible,
but any existing violations must be investigated, the mistakes must be
admitted, and their consequences must be compensated for. Only
sufficiently efficient legal remedies against violations ofbasic rights
and liberties can bring effective results. In early 2006 the
Parliamentary Ombudsman stated that the current Finnish system does not
provide effective and comprehensive legal protection against violations
of basic rights and liberties, because it does not offer a specific
compensation mechanism10.
JR: There are no punishments for the wrongdoers, so they can continue
their illegal activites.
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