CCPR/C/FIN/CO/6
9.
Despite the information furnished by the State party regarding the steps taken to
protect victims of trafficking in persons, the Committee remains concerned by the State
party’s shortcomings in identifying women victims of trafficking. The Committee is
particularly concerned about cases whereby women have been trafficked into the State
party for the purposes of prostitution, but have only been identified as witnesses, rather than
also being identified as victims of human trafficking, and are thus prevented from having
adequate protection and assistance (art. 8).
The State party should continue its efforts to combat trafficking in human beings and
consider amending its laws to ensure that victims of human trafficking, particularly
female victims of sexual abuse and exploitation, are identified as such, in order to
provide them with appropriate assistance and protection. The State party should also
run public awareness campaigns, continue training police and immigration officers
and strengthen its cooperation mechanisms with neighbouring countries to prevent
trafficking in persons.
10.
The Committee reiterates its concern that the Metsälä detention centre, the only
detention unit for asylum seekers and irregular migrants in Finland, is frequently
overcrowded and many such individuals, including unaccompanied or separated children,
pregnant women and persons with disabilities, are placed in police detention facilities for
prolonged periods of time (arts. 9 and 10).
The State party should use alternatives to detaining asylum seekers and irregular
migrants whenever possible. The State party should also guarantee that
administrative detention for immigration purposes is justified as reasonable,
necessary and proportionate in the light of the specific circumstances, and subjected
to periodic evaluation and judicial review, in accordance with the requirements of
article 9 of the Covenant. The State party should strengthen its efforts to improve
living conditions in the Metsälä detention centre.
11.
While the Committee appreciates the additional information provided by the State
party, it remains concerned about the time frame within which a person arrested on a
criminal charge is brought before a judge, which, according to the information provided by
the State party, is not before the expiry of 96 hours. The Committee is also concerned at
reports that suspects do not always benefit from legal assistance from the very outset of
apprehension, particularly those who have committed “minor offences”. The Committee
regrets that the State party has not clarified the place of detention in respect of any
subsequent continuation of detention (arts. 9 and 14).
The State party should provide the the Committee with the required information and,
in any event, ensure that persons arrested on criminal charges are brought before a
judge within 48 hours of initial apprehension, and transferred from the police
detention centre in the event of a continuation of detention. The State party should
also ensure that all suspects are guaranteed the right to a lawyer from the moment of
apprehension, irrespective of the nature of their alleged crime.
12.
While noting the State party’s efforts to renovate police detention facilities and
prisons, the Committee is concerned about reports that some prisons still lack appropriate
sanitary equipment, including toilet facilities. The Committee is also concerned that
overcrowding continues to exist in seven prisons (art. 10).
The State party should adopt effective measures against overcrowding in prisons and
ensure that sanitary facilities are available in all prisons, in accordance with article 10
of the Covenant and the Standard Minimum Rules for the Treatment of Prisoners
(1955).
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