FINLAND

In the context of the UPR, Amnesty International makes the following recommendations to Finland

Follow up to the previous review:

Allocate sufficient funds to ensure the effective implementation of the National Action Plan to prevent violence against women;

Establish a high-level and well resourced unit to co-ordinate measures to prevent violence against women;

Ensure that domestic legislation effectively protects against discrimination in all forms, including by expediting the passage of appropriate human rights compliant legislative proposals;

Reform asylum-determination procedures to ensure that no asylum-seeker can be expelled from the country until a final determination is made of their application for asylum, including of any appeals against initial refusals.

Normative and institutional framework of the State:

Remove statutes of limitations for the crime of torture and certain war crimes as well as any other legislative obstacles to effectively investigate, arrest and prosecute crimes under international law;

Complete the process of establishing a National Human Rights Institution (the Ihmisoikeuskeskus) and ensure that it is adequately funded, independent and fully compliant with the Paris Principles.

Immigration detention:

Take concrete measures to reduce the resort to detention of asylum-seekers and migrants solely for immigration purposes, in line with relevant international refugee and human rights law and standards;

End the detention of all children solely for immigration purposes;

End the use of police facilities for immigration detention purposes;

Ensure that those detained for immigration purposes are treated humanely and in line with the strictest international human rights standards.

Violence against women:

Ensure that women who are victims of trafficking are recognized as such and provided with protection and assistance;

Ensure that rape is categorized as a sexual violation rather than according to the degree of violence used or threatened by the perpetrator; and facilitate access to justice for victims of rape to ensure that cases of rape are reported and prosecuted in court;

Ensure that mediation is not used in cases of violence in intimate partnership or domestic violence. Mediation should not replace or otherwise affect the criminal proceeding, prosecution nor the determination of the penalty;

Establish an independent monitoring mechanism to systematically analyze all rape investigations that are closed before coming to trial, and to report on the reasons for this.

Discrimination against transgender and intersex people:

Ensure transgender and intersex people are effectively protected from discrimination, both in law and practice;

Amend legislation to remove the sterility requirement.

Rendition and secret detention:

Conduct an independent, impartial, thorough, and effective investigation into Finland’s alleged complicity in the US-led rendition and secret detention programmes;

Ensure that the government of Finland is held accountable for any human rights violations that may have occurred in the course of its co-operation with the US government’s rendition and secret detention programmes;

Prosecute in fair trials any state actor alleged to have been complicit in violations of international criminal law in the context of Finland’s co-operation with the US government’s rendition and secret detention programmes;

Provide effective redress for any victims who may have suffered human rights violations as a result of Finland’s involvement in the US-led rendition and secret detention programmes;

Fully co-operate with UN Special Procedures mandate holders on the issue of secret detention in the context of counter-terrorism operations, including by providing them with relevant information on the subject.

Civilian alternatives to military service:

Immediately and unconditionally release all prisoners of conscience;

Reduce the length of alternative civilian service, in line with internationally recognized standards and recommendations.

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