A/HRC/13/42*
page 139
Country
14. Finland
Response
• No instances of secret detention or facilities as a means to
counter terrorism. Finland has consistently emphasized the
need to respect human rights while countering terrorism.
• A reference has once been made to the landing of a cargo
aircraft on 16 May 2003. Permission had been granted
because it had been designated by the US declaration as an
aircraft used for the carriage of cargo.
• Finnish legislation contains provisions which control acts of
foreign agencies, and affords safeguards against
unacknowledged deprivation of liberty.
• The Sentences Enforcement Decree prohibits detention in a
penal institution without a written order, and the identity of
the prisoners is always verified; this applies to both Finnish
nationals and foreigners.
• No person suspected of involvement in terrorism have been
placed in Finnish prisons or transported on the order of the
Prison Service in Finland; nor is there any information that
any official or person acting officially has been involved in
the unacknowledged deprivation of liberty or the transport of
persons so deprived.
• No instances of experiences where secret detentions have
been an effective or acceptable measure in countering
terrorism.
• The Finnish Penal Code provides for definition of terrorist
offences and for the right of the Prosecutor General to make
decisions in relation to the bringing of charges.
• No experiences of secret detention in past domestic, regional
or global counter-terrorism context.
15. Germany
• No instances of secret detention in the penitentiary system as
a means to counter terrorism.
• No involvement or collaboration in secret detention on the
territory of another State. Respect for human rights is a
constitutional mandate.
• Germany does not regard secret detention as an effective tool
in countering terrorism and emphasizes that terrorism must be
dealt with in compliance with democratic principles, rule of
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