B. Foreign nationals deprived of their liberty under aliens legislation (Read full CPT report)
25. There had been no major changes to the legal framework for immigration detention since the
2014 visit. As previously, foreign nationals could be deprived of their liberty by the police or the
Border Guard if it was necessary to establish their identity, to prevent them from committing an
offence and/or to secure their deportation.48 They had to be brought before a judge within 96 hours
of the moment of their apprehension49, and a continuation of their detention required a judicial
decision, which had to be reviewed subsequently every two weeks.50 Detention of foreign nationals
continued to be limited to up to 6 months; however, this time-limit was extendable for up to 12
months.51 Under the Aliens Act52, the deprivation of liberty of foreign nationals in police and Border
Guard establishments should be an exception, only when the detention unit for aliens (see below) is
temporarily full or if the person is apprehended far away from the detention unit; in this case,
detention in a police establishment may not last more than 4 days and the person concerned must be
brought before a judge within 24 hours from apprehension.53 As for Border Guard establishments,
the detention of persons pursuant to the Aliens Act is possible for a maximum of 48 hours.54 Consequently, whenever it is deemed necessary to deprive a foreign national of his/her liberty
pursuant to the Aliens Act, he/she should as soon as possible be placed in a detention unit.55
26. One important legal development since the CPT’s last visit concerns the detention of unaccompanied minors. Pursuant to the new wording of the Aliens Act, unaccompanied minors
younger than 15 can never be detained. Those aged between 15 and 17 may only be detained for the
shortest possible period (72 hours renewable once) necessary to prepare and secure their deportation,
after the final negative decision on their asylum request. The delegation was informed by senior
officials from the Ministry of the Interior that in practice, detention of unaccompanied minors was
extremely rare.56 This is to be welcomed.
27. It is to be stressed that the delegation heard no allegations of ill-treatment of foreign nationals
by staff at Metsälä Detention Unit for Foreign Nationals (the only immigration detention facility
visited during the 2020 periodic visit57). Further, the delegation observed that the Unit’s staff – who
were well trained58 and who possessed appropriate multi-cultural and linguistic competences59 –
displayed a generally positive attitude vis-à-vis the detained foreign nationals. Incidents of inter-
detainee violence appeared to be very rare and were well handled by the management and staff of the
Unit.
28. Overall, the CPT has no critical remarks to make as regards the material conditions at Metsälä
Detention Unit,60 which were further improved by the fact that (since the start of the Covid-19
pandemic) the establishment had received less detainees and was operating well below its official
capacity of 40; at the time of the 2020 visit there were 20 foreign nationals at the Metsälä Unit.61 As
a result, everyone who wished so could have a room for themselves. There were only two minor deficiencies: some of the washing machines (that foreign nationals could use to wash their clothes) were broken and the shelter in the exercise yard had just very recently been damaged during a storm. The Committee recommends that these deficiencies be eliminated.
29. As previously, detained foreign nationals could move freely within the accommodation
areas62 and had access to the Internet, television programmes in many languages, DVDs, books and
magazines. That said, the persisting absence of organised activities was a problem,63 especially for those of the detainees who spent lengthy periods (up to several months) at the establishment. Although the average stay at the Unit was said to be approximately 10 days, there were a few foreign nationals who had stayed there for almost 2 months and one had been there for over 3 months.
The CPT recommends that further efforts be made to develop the offer of activities, in
the light of these remarks. The delegation also noted that some of the workout machines in the gym (accessible for 5.5 hours each day) were out of order. The Committee invites the Finnish authorities to address this problem.
30. As for the health care, there had been an improvement as the Unit now employed two full-
time nurses64 (permitting a daily presence of a nurse until 6 p.m., except on Sundays). While welcoming this, the CPT invites the Finnish authorities to make efforts to ensure
ready access to a nurse also on Sundays; further, steps should be taken to ensure that someone
competent to provide first aid (which should include being trained in the application of CPR
and the use of defibrillators) is always present at the Unit at night. As previously, there was no systematic medical screening of newly arrived detainees (such a screening was systematically offered to foreign nationals upon arrival, but it was not mandatory),
which was obviously problematic in the context of the Covid-19 pandemic. Admittedly, the Unit’s
management had set aside (in the formerly unused office space) a special “quarantine area” for newly-
arrived foreign nationals coming from “risk countries”, where they would spend 14 days apart from
other detainees; the area would also be used to accommodate any detainees with Covid-19 symptoms,
while awaiting the test results. Detainees were also provided with written information on Covid-19
in several languages, and were asked to use the sanitizer and to try to observe a safe distance (2
metres) from each other while indoors. Masks and tests would only be used in respect of symptomatic
persons (both detainees and staff), in accordance with the national sanitary guidelines. This
notwithstanding, the Committee calls upon the Finnish authorities to put in place as a matter of
priority a prompt and systematic medical screening for all newly arrived foreign nationals at
Metsälä Detention Unit. Reference is also made here to paragraphs 14 and 15 above.
In this context, the CPT would like to receive more detailed information about new
instructions and a protocol on medical screening on arrival, which had reportedly been adopted
in August 2020 but the implementation of which had been delayed (due to the pandemic) until
autumn 2020.
31. The Committee is also concerned to note that access to psychological assistance and
psychiatric care remained inadequate at Metsälä Unit. In particular, there were still no regular visits
to the facility by a psychiatrist or a psychologist. Quick access to psychiatric care (through a transfer
to a psychiatric hospital) was only provided in acute situations. For non-urgent consultations the
procedure was cumbersome and time-consuming as it required two subsequent referrals (from the
nurse to the GP, then from the GP to the psychiatrist). The CPT reiterates its recommendation that
steps be taken to ensure adequate access to psychological assistance and psychiatric care for
foreign nationals at Metsälä Detention Unit.
32. As for contact with the outside world, foreign nationals detained at the Metsälä Unit continued
to have reasonably good possibilities to receive visits,65 make telephone calls (including with their
own mobile phones) and send and receive letters. Further, as before, detainees were provided with
written information (available in a large number of languages) on their rights, including on the right
to ex officio legal assistance, to appeal and to send confidential complaints to outside bodies.66
External monitoring was carried out by staff of the Parliamentary Ombudsman’s Office in their
capacity as the NPM.67
33. While visiting Metsälä Detention Unit, the delegation was told of the existence of plans to
close the establishment and replace it with a new purpose-built facility after 2022 (i.e. after the current
lease contract for the existing premises expires). The Committee would like to receive, in due
course, more detailed information about these plans. Further, the CPT wishes to stress that the recommendations made in respect of Metsälä Detention Unit in paragraphs 29, 30 and 31 above should be considered as applicable mutatis mutandis to Joutseno Detention Unit.
34. The delegation also visited the Border Guard Unit at Kuusamo Border Crossing Point which
had two clean, well-lit and ventilated holding cells measuring some 8 m² each. The cells had no
furniture and had reportedly never been used so far, any apprehended persons being taken – after
initial questioning – to the police or Border Guard offices in Kuusamo, and then if necessary to the
police prison. The delegation noted that there was a lot of information in different languages available on the rights of apprehended persons (including the right to ex officio legal assistance and to submit a
complaint) as well as on the asylum procedure. Online or phone interpretation services were available
in case of need. Border Guard officers told the delegation that they would always ask apprehended
persons about any health issues and would watch for external injuries and – in the current context –
for any Covid-19 symptoms. In case of any suspicion of health-related problems, they would call an
ambulance and (in the case of suspicion of Covid-19) use masks and give a mask to the apprehended
person.6
