FINLAND | Parliamentary Ombudsman Petri Jääskeläinen presented his annual report for 2022

Parliamentary Ombudsman Petri Jääskeläinen presented his annual report for 2022 to the first Deputy Speaker of Parliament Juho Eerola on Thursday, 15 June 2023. 

In 2022, there were a total of 6,613 complaints (7,732 in 2021). This is the third largest number of complaints ever recorded. The largest number of complaints concerned social welfare 997 (1,142), the police 821 (922), healthcare 751 (1,322) and criminal sanctions 672 (477). The strongest growth was observed in complaints related to criminal sanctions (40%). In the reporting year, 6,857 complaints were resolved. The corresponding figure in 2021 was 7,892.

The number of submission and hearings rose to a record level of 168. Due to the coronavirus epidemic, the number of inspections continued to be lower than usual. In 2022, 76 inspections were carried out (39 in 2021).

Ombudsman’s inspections

In his general comment in the Annual report, Parliamentary Ombudsman Jääskeläinen discusses the Ombudsman's inspections.

In practice, the investigation of complaints is the most important form of the Ombudsman’s oversight of legality. However, not all people are able, willing or realise to submit complaints about violations or shortcomings they have experienced. It is particularly important to ensure the rights and treatment of such people, such as children, older people, persons with disabilities, persons deprived of their liberty and foreigners. Inspections are also important in other areas of authority activities where complaints are rarely made. These include the treatment of conscripts as well as covert information gathering by security authorities.

The inspection visits and the other tasks of the Ombudsman, especially the handling of complaints, are mutually supportive activities. The information obtained and experience gained during visits can be utilised in the handling of complaints, and vice versa.

The complaint procedure is written, which often limits the possibility of obtaining a versatile picture of the matter under investigation. The inspection visit, on the other hand, provides an opportunity for oral interactive dialogue with the management and staff of the site and the persons placed in it. The inspection provides an authentic picture of the inspected site and its conditions. For these reasons, the inspections provide a good opportunity not only for monitoring legality, but also for the Ombudsman’s measures that prevent violations and to steer and develop the activities of the authorities.

Follow-up of measures taken by the Parliamentary Ombudsman 

Deputy-Ombudsman Maija Sakslin looks at the follow-up of the Ombudsman’s comments and recommendations. Conformity with law and lawfulness have traditionally been respected in the Finnish legal and administrative culture. This has created an operating environment in which the implementation of the Ombudsman's comments and recommendations has been effective, and there has been no specific need for comprehensive and systematic follow-up. In the past few years, follow-up monitoring has been increased and a request to report the measures taken as a result of the Ombudsman’s comments and recommendations has increasingly been added to decisions leading to measures. The monitoring of the progress of legislative recommendations is systematic and the Parliamentary Ombudsman usually requests a report of the measures taken as a result of the recommendation. If there is a desire to increase the effectiveness of follow-up monitoring, it could take place in closer interaction with Parliament, for example, in connection with the discussion on the Annual Report.

As part of the Ombudsman's oversight of legality, legislative recommendations and other recommendations are also made to implement the comments and recommendations of the preventive mechanisms of human rights conventions. However, in the internal division of work at the National Human Rights Institution, monitoring the implementation of human rights is the duty of the Human Rights Centre. Parliament’s access to information would improve if the Annual Report of the Human Rights Centre were submitted to Parliament.

Changes and challenges in the criminal sanctions field

In his general comment, Deputy-Ombudsman Pasi Pölönen discusses the criminal sanctions field. The Parliamentary Ombudsman has overseen prisons since 1920. Today, the activities also include oversight and reporting tasks referred to in international human rights conventions.
 
The legislation concerning imprisonment is detailed and requires expertise from the person applying it. The Constitutional Law Committee has emphasised compliance with the Administrative Procedure Act and the principles of good governance in prisons. However, in addition to shortcomings in the availability of trained personnel, there are also challenges because of general resource shortages, the obsolescence of institutions and continuous overpopulation in prisons.
 
The Ombudsman's oversight of legality reveals a particularly large number of deficiencies in the activities of prisons, and this constantly gives rise to criticism and a need to develop the activities. However, there is no reason to rebuke the criminal sanctions field for any specific reason; a considerable part of the shortcomings is based on the available resources. The reason behind this is the cuts of approximately 500 person-years made between 2005 and 2016. The resourcing of prisons is far from satisfactory. This is above all manifested as deficiencies in the activities offered to prisoners and their cancellations, in keeping cell doors closed and in the opening hours of the wards. The resources also affect the situation with security and the availability of healthcare services. The Government report on the administration of justice (VNS 13/2022 vp) justifiably highlights the lack of resources in the criminal sanctions field. 

To read the entire annual report, kindly refer to the download section below.

Source: The Parliamentary Ombudsman of Finland