In progress at UNHQ

HR/CT/514

FINLAND SURPASSES EXPECTATIONS IN GUARANTEEING HUMAN RIGHTS, CHAIRMAN OF HUMAN RIGHTS COMMITTEE STATES

1 April 1998


Press Release
HR/CT/514


FINLAND SURPASSES EXPECTATIONS IN GUARANTEEING HUMAN RIGHTS, CHAIRMAN OF HUMAN RIGHTS COMMITTEE STATES

19980401 Committee Concludes Consideration of Compliance By Finland with Covenant on Civil, Political Rights

The Constitution of Finland demonstrated that the Government had surpassed expectations in guaranteeing human rights in that country, the Chairman of the Human Rights Committee said this afternoon, as the Committee concluded its consideration of Finland's fourth periodic report on its compliance with the International Covenant on Civil and Political Rights.

Christine Chanet, the Committee Chairman and expert from France, said Finland's human rights situation could make many States envious. Finland refused extradition to countries that imposed the death penalty, and it was also in the vanguard with respect to languages, having advanced provisions concerning the rights of minorities to speak in their mother tongue.

Nevertheless, even with its high degree of protection of human rights, Finland had problems similar to those of other European countries, particularly on the issue of discrimination against foreigners, she said. Concerning the situation of minorities, she suggested that Finland might consider signing the International Labour Organization's convention on indigenous and tribal people in independent States.

Some experts wanted to know under what terms alien residents could gain citizenship in order to be protected against deportation, which could be ordered, for example, if a person was found guilty of shoplifting. The fact that a Finnish citizen could not be deported only highlighted the difference in treatment of citizens and those residents who were still regarded as aliens under Finnish law.

Pekka Hallberg, President of the Supreme Administrative Court of Finland, said the granting of Finnish citizenship was decided on a case-by- case basis, taking into account such elements as ties to the community and length of residence. He stressed the importance his country attached to respect for human rights, adding that a recent reform of fundamental rights in Finland had made them more immediately accessible to the people.

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Some experts, commenting on Finland's report, questioned whether the protection of human rights was best accomplished through criminal law. Risto Veijalainen, Director-General at the Ministry of the Interior, said criminal law was not the first step taken in protecting rights, but the last step. There were many ways of protecting human rights besides legislation, and the best was to ensure that just economic and social conditions existed in the country.

Questions were raised by experts from Israel, Mauritius, Canada, Japan, Australia and the United Kingdom.

The Human Rights Committee will meet again at 10 a.m. on Friday, 3 April, to consider its working methods.

Committee Work Programme

The Human Rights Committee met this afternoon to continue its consideration of Finland's fourth periodic report on its compliance with the International Covenant of Civil and Political Rights (document CCPR/C/95/Add.6).

Statements

PEKKA HALLBERG, President of the Supreme Administrative Court of Finland, addressing questions raised by the Committee this morning, said a new government bill had been introduced which would provide for a new constitutional act in Finland. In that bill, a provision would state the importance of international cooperation for the protection of human rights. The Supreme Administrative court decided about 4,000 cases per year. Also fundamental rights and human rights were applicable in daily court practice.

He went on to describe how human rights instruments were incorporated into the Finnish legal system. When the Parliament authorized ratification of a treaty, it also adopted an act stating that such provisions of the treaty should be applied as agreed. After ratification, a decree putting the treaty into force was issued by the President, and the text of the treaty was published. The Covenant had been incorporated by an act of Parliament along with an accompanying decree. The Covenant had a very clear position in the country and was applied daily in the courts.

RISTO VEIJALAINEN, Director-General in the Ministry of Interior of Finland, said the question of whether criminal law was the best way to protect human rights needed clarification. Criminal law was not the first step in protecting those rights, but the last step. There were many ways of protecting human rights besides legislation, and the best way to protect individual rights was to make sure there were just economic and social conditions in the country. When dealing with labour relations, for example, compensation played a major role in advancing human rights in Finland. However, criminal law was sometimes also needed.

With regard to the new provisions protecting the right to freedom of expression, assembly and association, he said the State had an obligation to protect those rights and ensure their implementation. No problems had emerged in those areas in Finland since the Second World War. Thus, the main significance of the provisions was to emphasize the importance of those freedoms to the society. Also, there were many instances of the Covenant being cited in decisions of the court, especially article 14, which concerned the right to due process.

When Finland ratified the Covenant, it registered reservations on some articles, because it was unclear at that time what implications the Covenant would have for Finnish legislation, he said. Since entering into the European

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Economic Space Agreement, issues relating to the articles of the Covenant had been addressed in that arena.

The roles of the Ombudsman and Chancellor of Justice were similar, but covered entirely different issues, he said. The arena of the Parliamentary Ombudsman was also very different from that in which the Ombudsmen for equality and aliens operated. During the past year, 2,700 individual complaints were made to the parliamentary Ombudsman, and 1,500 to the Chancellor of Justice.

The question of Aaland hambygdsatt, which was a regional citizenship to protect the Swedish culture and language of the people there, did not restrict the right to freedom of movement, he said. It only restricted aspects of issues such as property ownership. Those were very carefully defined conditions of the parliamentary agreement between Finland and the Aaland islands.

Mr. HALLBERG, President of the Supreme Administrative Court of Finland, said the Parliamentary Ombudsman and Chancellor of Justice played a relevant role in the justice system, but did not have the same role as the courts.

Mr. VEIJALAINEN, Director-General in the Ministry of the Interior, said that, in accordance with the "place of birth principle", if a child was born or found in Finland and did not receive any other citizenship, he was made a Finnish citizen.

Regarding deportation, he said that a person who was a Finnish citizen could not be deported under any circumstances. Similarly, a Finn who wanted to return to Finland could not be refused under any circumstances. A stateless person could, in principle, be deported. Yet, in practice, that would be difficult or impossible, because no country was willing to accept the entry of that kind of person. The list of persons whose entry would be prevented was common with other Nordic countries. Among the reasons for refusing entry to a person were offences committed, including petty theft. There were other reasons, such as illegal entry into the country. The reasons rarely related to serious crimes, even though such cases occurred.

In the past, there had been a group of people known as "lifestyle Indians" comprised mostly of nationals from the European Union, he said. The group's philosophy stated that people only needed natural products in order to survive. Authorities received information that the leader of the group was an internationally wanted criminal. Consequently, the entire group had left the country voluntarily.

There had been approximately 2,300 cases of people who were refused entry in 1997, he said. Yet, there were also millions of people who had been accepted into the country that year. Normally, the reason given in refusing entry was that the person did not have a visa or lacked the means to take care

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of himself. All of those reasons were allowed by the Constitution. There were 700 asylum-seekers in 1995, 730 in 1996, and 940 in 1997. Normally, more than 50 per cent of those seeking asylum were allowed to stay in Finland, but refugee status was only granted to 1 to 2 per cent. The rest were allowed to stay on humanitarian grounds. The police did not have a register on the Romani people.

PAIVI PIETARINEN, Legal Officer at the Foreign Ministry, said that human rights issues were a priority area in Finnish foreign policy, particularly with respect to the rights of children, women, minorities and indigenous people. She went on to describe the different minority groups living in the country. The Romani, an indigenous population, lived in the North. Finland also had traditional Jewish and Tartar populations, as well as an older Russian-speaking population. The latter had lived in the country for centuries and numbered some 5,000 persons. Approximately 20,000 Finns who had lived in Russia had repatriated recently.

The Linguistic Act provided that the national languages were Finnish and Swedish, and that everyone had the right to use their own language, she said. Minorities also had the right to preserve and develop their own cultures. That Act also governed the use of Swedish and Finnish in courts of law and State administrative offices. Approximately 6 per cent of the population was Swedish-speaking. Some universities offered bilingual degree programmes. The Swedish-speaking minority also had a number of cultural institutions, including theatres, newspapers, a radio station and a part-time television station. The linguistic rights of the Swedish speakers were guaranteed in practice, but there were some difficulties. They did not always have the right to use their language in front of authorities.

Since 1992, speakers of the Sami language have had the right to use that language in front of authorities, she said. That required translating and interpreting. The Sami people had a key position in an educational centre that had been established to serve the community. Funds were allocated from the State budget to preserve the Sami culture. The construction of a Sami museum was commissioned in 1996, and it had recently opened its doors. In 1982, the first text in the Romani language was published. The Romani language board was established to preserve the purity and integrity of that language. While there were no Romani publications, articles were translated into Roma.

A 1996 Ministry of Environment survey concerning housing conditions of the Romani population stated that the majority lived in city-regulated flats, she said. Nevertheless, some had been successful in finding other housing. There was still discrimination in employment against the Romani, despite provisions of the penal code criminalizing such acts. The Advisory Board for Romani Affairs consisted of representatives of Government and Romani associations. The Board's mandate was to advance the interests of the Romani population in Parliament and with other State authorities.

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Regarding steps taken by the Government to combat racism, she said there needed to be other measures besides legislation. The question of racism was taken seriously in Finland, and the President had called for measures to combat xenophobia and racism. The Government had created a ministerial group in January 1996, responsible for securing good ethnic relations between citizens and crafting action plans to steer public attitudes in a direction that promoted security. The aim was to combat racism and to help immigrants integrate into society. Finnish legislation provided instruments which enabled authorities to intervene to address racist actions. The authorities now needed new skills and knowledge in that area, and plans were under way to train officials in good administrative practices. Measures would be taken to enhance the opportunities for immigrants to engage with government ministries.

There were several organs which governed discrimination issues, including the Parliamentary Ombudsman and the Chancellor of Justice, she said. The Ombudsman for Aliens was responsible for safeguarding the status of foreigners and for promoting cooperation between foreigners and organizations. The Advisory Board for Refugee and Migrant Affairs was comprised of representatives from municipalities, the Evangelical Lutheran Church, non- governmental organizations, the Finnish Red Cross, and immigrants themselves. Other organs included the Advisory Board for Sami Affairs, the Advisory Board for Romani Affairs, and the Commission against Racism, Xenophobia and Intolerance, which was responsible for promoting tolerance by spotlighting manifestations of racism and emphasizing positive action.

While there were groups which promoted intolerance in society, there were no political parties based on racial attitudes, she said. Curriculum guidelines in schools featured education in human rights and the introduction to different cultures, in order to promote tolerance. The cornerstone principle of education in Finland was the equality of people. A plan of action had been established to promote interaction of people within the schools.

There were no restrictions barring minorities from publishing or broadcasting, she said. Regarding the advocacy of racial hatred, the Ministry of Justice only had a duty to raise charges when printed material was criminal in content. The dissemination of racist ideas by speech was not prosecuted under normal criminal procedures. If a public prosecutor became aware of a racist crime, he must report it to the Ministry of Justice. In practice, matters of press freedom relating to racial discrimination were very rarely reported to the Ministry of Justice.

DAVID KRETZMER, expert from Israel, said the notion of one's "own country" was wider than that of one's "country of nationality". It was known that a Finnish citizen could not be deported, but that only stressed the difference between citizens and residents regarded as aliens under Finnish law. Under what terms could aliens gain citizenship to be protected against

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deportation? Shoplifting was on the list of grounds for which deportation could be ordered. Was it possible that a longstanding resident of Finland could be deported on such grounds?

RAJSOOMER LALLAH, expert from Mauritius, said the ombudsmen and others involved in race relations activities in Finland did not have the power to take the initiative. It seemed that Finland needed an institution with teeth. Would it consider establishing a race relations commission which could take cases to court on behalf of those with grievances?

MAXWELL YALDEN, expert from Canada, asked how many employers had been prosecuted for discrimination in employment. Also, the state of health was one of the grounds listed as a basis on which discrimination occurred -- which amounted to discrimination against those with disabilities. Who looked after the disabled in Finland? Also, what was Finnish policy concerning the Russian minority, which was three times as large as the traditional minorities of either the Samis or Romanies? There were many types of Russian refugees, but the global figure was 22,000 persons. What were the plans relating to them?

NISUKE ANDO, expert from Japan, asked for clarification about the situation of Jehovah's Witnesses in Finland.

Mr. HALLBERG, President of the Supreme Administrative Court of Finland, said there was a very open administrative court system in Finland. Recourse for racial human rights grievances did not lie with the ombudsmen alone; the path was open all the way up the system to the Supreme Court.

IRMA ERTMAN, Deputy Director-General at the Foreign Ministry, said that many things needed to be done to remove the obstacles to women receiving equal remuneration. During 1995, a comparison of officials' earnings showed women's to be 79 per cent that of men. The difference had to do, in part, with more women being in lower-paying job sectors. The difference in remuneration decreased at higher levels of responsibility in the professional sphere. There was no information available at the moment on how many employers had been imprisoned for discrimination. The information did exist, however, and would be provided.

The Constitution Act made reference to the disabled and set out the conditions defining disabled people, she said. The Finnish Constitution operated on the basis of equality and full opportunity for the disabled. A national council on disability had been appointed, and Finland followed United Nations guidelines for protecting the disabled. Services to the disabled were provided in line with a Disabled Act, which aimed to improve the functioning of the disabled in society. Services to the disabled covered everything from housing and transportation to medical and personal care. Those services were arranged by the municipality through private service businesses.

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She then turned to the rights of minors, including the right to join or leave a religious sect. The Constitution contained an article mandating that children be treated as equals. The minimum ages which had been cited referred not to restrictions, but to minimum safeguards. For example, in a situation where the custody of a child was in question during a divorce, the minor was required to be heard from the age of 12 years. However, a minor below that age could also be heard if desired. Likewise, there were two churches to which 90 per cent of the people in Finland belonged. A child could leave or join a church before the age of 16 years, but had to be allowed to do so from that age.

The large Russian minority in Finland were young, having moved to Finland within the past decade, she said. Finland's policy regarding them could not yet be known at this point.

Mr. HALLBERG, President of the Supreme Administrative Court of Finland, said that granting Finnish citizenship was a very individual situation, which took account of a number of elements, including ties to the community.

JOHAN SCHALIN, of Finland's Permanent Mission to the United Nations, said the main principle behind the granting of citizenship was that the longer the person has resided legally in Finland, the tougher it was to deport him. Whenever a person was under consideration of deportation, all relevant conditions had to be taken into consideration, including ties to the society and child-parent relationships. It was difficult to deport a long-time resident who committed a crime, and there was a process of appeal. A person who had stayed in Finland for five years and had a steady job, or a person who was married to a Finn and had stayed in the country for three years was also eligible.

Also, there was a difference between deportation and refusal of entry, he said. The refusal of entry applied to a foreigner who had been in the country for three months or less.

Mr. HALLBERG, President of the Supreme Administrative Court of Finland, said the conditions and remedies relating to deportation played a larger role in criminal court proceedings than in administrative court proceedings.

Mr. VEIJALAINEN, Director-General at the Ministry of the Interior, said there was a parliamentary exemption for Jehovah's Witnesses from military and civil service. The background to the exemption was that the Jehovah's Witnesses were the only group in Finland which did not support military service. Thus, while the situation was in conflict with formal equality in relation to other religious groups, there were important reasons to support that exemption.

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Mr. SCHALIN, of Finland's Permanent Mission to the United Nations, said when Finland lodged its reservations to the Covenant, it had adopted a strict and cautious approach. The three reservations that were still maintained did not reflect national practices which differed from the Covenant. The reservation concerning the provision dealing with propaganda in times of war was lodged in accordance with a position common in other Nordic countries. Another reservation concerned juvenile offenders being housed with adult offenders. As a rule, the Government agreed with the provisions of the Covenant, but did not deem it necessary to adopt an absolute prohibition of that practice. Nevertheless, there were few prisoners under the age of 18 years. In February, there were only two prisoners under 18 years of age serving sentences in Finland. According to the Constitutional Act, any experiments performed on a person, including a mentally disabled person, which was contrary to the inviolability of the human person, was against the Constitution. It had been determined that the Act applied to experiments on human embryos.

VELI-PEKKA VILJANEN, Legislative Counsellor in the Ministry of Justice, said that coercive criminal investigations procedures underwent considerable changes when Finland adopted a general reform of its criminal procedure. Any prisoner continuously detained for two weeks before a trial had the right to have his detention reviewed by the court. The new provisions on criminal procedure entered into force in October 1997. The new criminal procedure was based on the principle that oral hearings must be immediate and centralized. The proceedings also followed accusatory procedures, and the role of public prosecutor had become more distinct. The role of judges was also more clear, and greater emphasis was paid to the statement of the reasons for the court's final decision. The main hearing had to be held without delay and must be continuous. A criminal case could be decided in absence of the accused only if his presence was not necessary. If the accused was been absent, the penalty could be a fine or imprisonment for a maximum of three months. The victim also had the right to counsel in certain situations, particularly in sexual and homicide offences.

Mr. SCHALIN, of Finland's Permanent Mission to the United Nations, said the new Minister of Justice had been appointed only a few weeks ago and had not yet taken action on eliminating preventive detention.

Mr. VEIJALAINEN, Director-General at the Ministry of the Interior, said the detention of aliens was a subsidiary measure. Practical cases of detention were rare, and they were usually of short duration. Detention was only to be used as an extreme security measure to establish the identity of the applicant or when it was feared that the applicant might flee and go into hiding. A police officer who placed an alien in detention must notify the court as to where the detainee was being held. The court was to deal with the case without delay, and no later than four days after the detention began. In practice, police notified the courts when detention was being carried out, and the court usually determined

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the following day whether the detainee should be held or released. A longer period of detention would be necessary if the person was being held in a remote area during a long weekend.

By the Alien Act, an alien might be put in detention, he said. A person younger than 18 years of age could not be held without a hearing in front of the Ombudsman for Aliens. The aliens were detained in public prisons, but the Ministry of the Interior was looking into the establishment of detention areas in processing centres for asylum-seekers.

Ms. PIETARINEN, Legal Officer at the Foreign Ministry, said that, according to a parliamentary provision, the Sami had an equal right to be heard in Parliament on matters of special consequence to them. Since 1996, all authorities had had an opportunity to negotiate with the Sami people. Matters discussed had included community planning, the management and use of State lands, licenses for mineral mine claims, and the teaching of the Sami language in schools. In practice, parliamentary committees had heard from the Sami people, but there had been some difficulties. In some cases, the Sami had complained to the Parliamentary Ombudsman and the Chancellor of Justice that they had not been heard; those complaints were still pending. Regarding the lands and waters traditionally occupied for their livelihood, she said the issue of the land rights of the Sami population had not been solved, and the Sami Act had not been adopted.

All minorities had the right to have their own language and culture, and that principle was implemented at all educational levels, she said. Legislation had been promulgated allowing students who spoke Sami, Romani and other languages to be taught in their mother tongue, instead of in Finnish or Swedish. Other languages -- Russian, Romani and Sami -- could also studied as a subject.

ELIZABETH EVATT, expert from Australia, asked if it was possible that the Sami Act would soon come into affect. Why had Finland failed to enact International Labour Organization (ILO) Convention No. 169 concerning indigenous and tribal peoples in independent States? How were members of the Sami group identified for the purpose of Sami parliamentary elections? Did those provisions preclude them from voting in elections for the national Parliament of Finland? If police interfered with a demonstration, would they be liable for prosecution under new legislation on the right to assembly?

Mr. ANDO, expert from Japan, said the delegation was aware of individual complaints to the Committee regarding the development of traditional Sami land. Was it possible for the Finnish Government to settle the issues of rights to traditional Sami land and the protection of indigenous land?

Lord COLVILLE, expert from the United Kingdom, asked if a person who had been convicted of a crime while absent was entitled to be tried again so he could be present at the trial. How was it possible to reach a just sentence

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for a person in his absence? What regime was imposed upon a person under the age of 18 years who was in detention? Were there alternatives to prison sentences, such as community service? Did someone have to give his consent before carrying out community service? Was that option acceptable to the public as a means of punishment?

Ms. PIETARINEN, Legal Officer at the Foreign Ministry, said the Sami Act relating to the ILO Convention concerning indigenous and tribal people had not been adopted because the Finnish legislation did not correspond to the provisions of the Convention. Since spring 1993, the Sami parliament had been responsible for studying the Sami land rights issue. In spring 1996, the Ministries of Labour and Justice, after consultations with the Sami parliament, submitted their report on the issue. It stated that it was necessary to postpone a decision until the study being carried out by the Sami was completed. The Ministry of Justice was currently determining who belonged to the Sami minority. The Finnish Government recognized the rights of indigenous people and minorities and took that issue very seriously.

Mr. VEIJALAINEN, Director-General at the Ministry of the Interior, said that when police were called to the scene of a demonstration, it was sometimes difficult for them to judge whether it was only a demonstration or if the group of activists had some other purpose in mind. One of duties of the police was to prevent crime and damage to private property. In practice, it was difficult to decide how to act in such situations. There had also been cases recently in which damage to private property had been caused by animal rights activists during demonstrations.

Finland's Government Act would spell out more rights later in the year, including provisions on the right to organize, he went on to say. Also, community service was a new alternative to prison sentences. In 1996, 3,383 community service orders were set by courts, while 4,000 people began prison sentences. More than 90 per cent of community service orders were for non- conditional sentences.

The experiment with youth punishments was very restricted in the number of studies conducted so far, and there was no information yet, he said. In 1997, 43 youth punishment sentences were meted out. Also, a criminal case could be decided in the absence of the accused only if the criminal did not appear and there was no opportunity for retrial in the event the situation warranted it.

Mr. HALLBERG, President of the Supreme Administrative Court of Finland, said the freedom of assembly provision was a very old, traditional provision in Finland's Constitution.

Lord COLVILLE, expert from the United Kingdom, said he could not leave the subject of sentence being passed on a prisoner in his absence. It was

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normal for a person to be retried if evidence was missing, and it was not unique to Finland that people who had been sent notice of a trial were missing from it. In most cases, however, if someone did not appear in court, either the case was postponed or a new trial was ordered. It seemed impossible that a person could be convicted in his absence without possibility of retrial.

Mr. VEIJALAINEN, Director-General at the Ministry of the Interior, said retrial within 30 days was possible, not only in the case of new evidence being discovered, but also in situations where some legal hindrance existed.

CHRISTINE CHANET, Committee Chairman and expert from France, said that a court decision taken in absentia was problematic in terms of article 14 of the Covenant concerning due process.

Mr. VEIJALAINEN, Director-General at the Ministry of the Interior, said there was very limited scope for dealing with a person who had been absent without some legal hindrance, such as illness. If the person entered the court within 30 days, the entire case would be retried.

Ms. CHANET, Committee Chairman and expert from France, asked if the case would not be reopened if the accused was absent at the time of trial.

Mr. VEIJALAINEN, Director-General at the Ministry of the Interior, said that if the answer remained unclear to the Committee, more information would be provided later. There was no doubt that the system functioned and met the requirements of international treaties and covenants.

Concluding Comments

Ms. CHANET, Committee Chairman and expert from France, said the presentation of Finland's report had been exemplary. Not only was it on time and in accordance with the Committee's guidelines, it had also been presented orally with great competence and form. More importantly, it had presented a good view of the human rights guarantees offered to the people in Finland; the Constitution went beyond what was expected.

For example, Finland went so far in protecting human rights as to refuse extradition to countries that had the death penalty, she said. Decisions of the Committee were incorporated into the Constitution, when they did not have to be. Finland was also in the vanguard with respect to languages, having advanced provisions for minority speakers.

Finland's human rights situation could make many States envious, she said. However, even within the very high degree of protection in its broad scope of human rights guarantees, Finland had similar problems to other European countries -- primarily with respect to foreigners who found themselves discriminated against. It also seemed to leave dissemination of

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information on the Covenant rights up to the Internet. With regard to minorities, perhaps it was time for Finland to consider signing the Convention on indigenous people in independent States.

With reference to the court procedure in absentia, she said that perhaps there was a misunderstanding, or maybe the legal experts present were not conversant enough with the legal issue involved. However, if an individual was automatically charged after 30 days, the terms were too stringent. In most places, many reminders, summonses and subpoenas were sent out before a decision was imposed.

Mr. HALLBERG, President of the Supreme Administrative Court of Finland, said the reform of fundamental rights in Finland had made human rights more immediate for the citizens of the country. Respect for human rights was a very important for a small, isolated country like Finland. Human rights were not theoretical; they were real and practical. While there were some problems in country, he hoped the Committee had been given answers to all its questions. Any additional information would be submitted to the Committee in writing.

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For information media. Not an official record.