Published 

27.9.2024

The Parliamentary Ombudsman acts as the National Preventive Mechanism for the UN Optional Protocol to the Convention Against Torture (OPCAT). In this capacity, the Parliamentary Ombudsman conducts inspections in places where persons deprived of their liberty are held. 

In November 2022, Parliamentary Ombudsman Petri Jääskeläinen ordered an inspection of the detention facilities on the ferry M/S Baltic Princess. The inspection was the first of its kind on passenger ships. A number of problematic issues emerged during the inspection, which most obviously do not concern only the inspected vessel. 

The inspection record EOAK/6559/2022 and the requests for opinion EOAK/816/2023 (document in Swedish), EOAK/1287/2023 and EOAK/1288/2023 have been published (in Finnish) on the Parliamentary Ombudsman's website.

Based on the inspection findings, the Parliamentary Ombudsman took the initiative to investigate the development of legislation and police procedures related to the oversight of security stewarding activities on board ships. He received statements from the Ministry of the Interior, the Ministry of Economic Affairs and Employment, the Ministry of Transport and Communications and the Åland Provincial Government. 

In the decision he has now made on his own initiatives, the Ombudsman states that the stewarding activities on board ships have been rather poorly supervised. It is particularly problematic that the police had not inspected and approved the detention facilities on board before they were taken to use, even though this is required by law. The questions of authority that are partly open to interpretation must not lead to non-compliance with the absolute requirements of the law. It is a question of the rights of persons who have been deprived of their liberty and who are often unable to take care of themselves.

The regulation of security stewarding activities on board ships is not sufficiently clear and comprehensive in all respects. Based on the statements, it is also unclear how the supervisory responsibility is divided between the authorities of Åland and those of mainland Finland. For situations where no security stewards have been appointed on board ships, the regulations only cover the use of force but do not include any provisions on the detention of persons. 

The Ombudsman brought his opinion of the need to develop the relevant legislation to the attention of the Ministry of the Interior and the Ministry of Economic Affairs and Employment. He also brought his views on, for instance, the inspection and approval of detention facilities to the attention of the Ministry of the Interior, the Åland Provincial Government and the National Police Board. Reports on the measures taken as a result of the decision must be submitted to the Parliamentary Ombudsman by 31 January 2025. 

The decision EOAK/816/2023 has been published on the Ombudsman’s website in both Finnish and Swedish.

Further information is available from Principal Legal Adviser Juha Haapamäki, tel. 09432 3334