European Court of Human Rights

Court's judgments and decisions by country. Finland application no. 20000..29999. Jussi Uoti, I, Helle, Raninen, Natunen, Kari Uoti, Z, Lappalainen, F and M, Vilén, Rangdell, A.L., Rafael Ahlskog, Aiminen, Riihikallio and Others, Flinkkilä and Others, Taavitsainen, L, K. and T., K. and T., Tuomela and Others, Petikon Oy and Parviainen, Huoltoasema Matti Eurén Oy and Others, Kukkola, Peltonen, T. and Others, K.A., Kuopila, Posti and Rahko, S.H., Janatuinen, Manninen, Valle, Jokela, K.S., Lahtonen

1. 20388_02.html -- European Court of Human Rights. The case of Jussi Uoti v. Finland. Application no. 20388/02. -- At the end of 1995 the applicant was questioned by the police about suspected dishonesty as a debtor. Subsequently, charges were brought against him. The trial before the Helsinki District Court (käräjäoikeus, tingsrätten) involved 47 days of hearings. The court received testimony from the defendants, the complainants and over 40 witnesses. On 29 May and 10 June 1998 the prosecution presented documentary evidence, including some documents drawn up by a Mr G., who was working off-shore for a bank and who, in answer to a letter rogatory sent by the National Bureau of Investigation (keskusrikospoliisi, centralkriminalpolisen) to the Guernsey authorities, had produced documents (including “notes for archives” pertaining to meetings on 3 and 22 June 1993 and charts) related to a plan to transfer funds. On 29 January 1999 the applicant was convicted of four counts of dishonesty as a debtor and four counts of aggravated tax fraud. He was sentenced to four years and two months' imprisonment. The District Court judgment ran to 163 pages. In short and in so far as relevant, the court found on the basis of, inter alia, the testimonies of J.S., S., the applicant and his brother and the documentary material, including the documents obtained from the Guernsey authorities, that the applicant and his brother had discussed the planned transfers of assets with G. It also found that the documentary evidence pertaining to the off-shore companies and the transfer of moneys proved that the assets acquired from the sale of the “bank group I.” had been transferred via companies specified in G.'s charts to trusts, the beneficiaries of which the brothers had appointed. As both brothers had been present during the negotiations with G. on 3 June 1993 and the plan to transfer funds had been proved to have materialised, the court found that they had acted together in, inter alia, removing the funds from Finland.
2. 20511_03.html -- European Court of Human Rights. The case of I v. Finland. Application no. 20511/03. -- The applicant was born in 1960. Between 1989 and 1994 the applicant worked on fixed-term contracts as a nurse in the polyclinic for eye diseases in a public hospital. From 1987 she paid regular visits to the polyclinic for infectious diseases of the same hospital, having been diagnosed as HIV-positive. Early in 1992 the applicant began to suspect that her colleagues were aware of her illness. At that time hospital staff had free access to the patient register which contained information on patients’ diagnoses and treating doctors. Having confided her suspicions to her doctor in summer 1992, the hospital’s register was amended so that henceforth only the treating clinic’s personnel had access to its patients’ records. The applicant was registered in the patient register under a false name. Apparently later her identity was changed once again and she was given a new social security number. In 1995 the applicant changed her job as her temporary contract was not renewed.
3. 20772_92.html -- European Court of Human Rights. The case of Helle v. Finland2. Application no. 20772/92. -- The applicant, Mr Pekka Helle, is a retired verger of the Evangelical-Lutheran parish of Mäntsälä. According to the applicant his family have for four generations provided a verger to the parish. Although he had performed duties for the parish since 1952, it was only on 21 September 1966 that a decision (hereinafter, “the 1966 decision”) was taken by the Parish Council (kirkkovaltuusto, kyrkofullmäktige) to establish officially the post of verger and to confirm the applicant as the verger (see paragraph 8 below). In creating the post, the Parish Council noted that the Parish Management Board (kirkkohallintokunta) had proposed that the verger be paid 75% of the salary on the Grade 9 salary scale for employees of the Evangelical-Lutheran Church. However the Parish Council ultimately decided that the verger’s post was to be considered as the main occupation (päätoimi) of the post holder and the holder remunerated according to Grade A3 of the salary scale. In salary terms, this in fact amounted to the same level of remuneration as suggested by the Parish Management Board. However, there was no indication as to whether it was a full-time or part-time post. The Parish Council further decided that Mr Helle, as the post holder, should not be remunerated for the performance of any extra duties and that he should be authorised, as was proposed by the Parish Management Board, to manage a funeral home.
4. 20972_92.html -- European Court of Human Rights. The case of Raninen v. Finland2. Application no. 20972/92. -- Finland – arrest, detention and handcuffing of military conscript objecting to military and substitute service. Government had not demonstrated that either a criminal prosecution or an action for damages would in specific circumstances have offered reasonable prospects of success. Having regard to Ombudsman’s findings, applicant’s arrest and detention during his transportation by military police from prison to the barracks were to be considered contrary to national law and, accordingly, were not “lawful” under Article 5 § 1 – not established that he was unlawfully deprived of his liberty following his arrival at the barracks in breach of that provision.
5. 21022_04.html -- European Court of Human Rights. The case of Natunen v. Finland. Application no. 21022/04. -- The applicant was born in 1962 and lives in Helsinki. The applicant was suspected of an aggravated drugs offence. On an unspecified date the public prosecutor brought charges against him and two other persons, L.J. and J.J. According to the indictment, the defendants had decided to obtain a large amount of amphetamine from Estonia. Between 28 and 29 September 2001 the applicant and J.J. made a trip to Estonia to arrange the purchase, acting on instructions from L.J. On 15 October 2001 the drugs, hidden in a truck, were brought to Finland by a fourth person. During this period the applicant kept in contact with the Estonian supplier by telephone. On 16 October 2001 the truck driver handed over the drugs to L.J. and J.J., who then hid them. Later in the evening J.J. returned for the drugs, as agreed with L.J. While J.J. was driving back to town, the police stopped and detained him and seized the drugs from his possession. In the meantime, the applicant picked up L.J. from a nearby petrol station.
6. 21422_02.html -- European Court of Human Rights. The case of Kari Uoti v. Finland. Application no. 21422/02. -- The applicant was born in 1962 and lives in Helsinki. On 7 September 1995 the applicant was questioned by the police about suspected fraud. In autumn 1997 he was charged with several offences. The trial before the Helsinki District Court (käräjäoikeus, tingsrätten) involved 47 days of hearings. The applicant was represented by the same counsel throughout the District Court proceedings and at all subsequent court levels. The court received testimony from the defendants, the complainants and over 40 witnesses. On 29 May and 10 June 1998 the prosecution presented documentary evidence, including some documents drawn up by a Mr G., who was working off-shore for a bank and who, in answer to a letter rogatory sent by the National Bureau of Investigation (keskusrikospoliisi, centralkriminalpolisen) to the Guernsey authorities, had produced documents (including “notes for archives” pertaining to meetings on 3 and 22 June 1993 and charts) related to a plan to transfer funds. On 29 January 1999 the applicant was convicted of three counts of dishonesty as a debtor and four counts of aggravated tax fraud. He was sentenced to four years' imprisonment. The District Court judgment ran to 163 pages. In short and in so far as relevant, the court found on the basis of, inter alia, the testimonies of J.S., S., the applicant and his brother and the documentary material, including the documents obtained from the Guernsey authorities, that the applicant and his brother had discussed the planned transfers of assets with G. It also found that the documentary evidence pertaining to the off-shore companies and the transfer of moneys proved that the assets acquired from the sale of the “bank group I.” had been transferred via companies specified in G.'s charts to trusts, the beneficiaries of which the brothers had appointed. As both brothers had been present during the negotiations with G. on 3 June 1993 and the plan to transfer funds had been proved to have materialised, the court found that they had acted together in, inter alia, removing the funds from Finland.
7. 22009_93.html -- European Court of Human Rights. The case of Z v. Finland. Application no. 22009/93. -- The applicant is a Finnish national, resident in Finland, and was at the time of the events which gave rise to her complaints under the Convention married to X, who was not Finnish. They divorced on 22 September 1995. They are both infected with the human immunodeficiency virus (HIV). On 10 March 1992 the Helsinki City Court (raastuvanoikeus, rådstuvurätten) convicted X and sentenced him to a suspended term of imprisonment for rape on O. on 12 December 1991. The City Court held the trial in camera and ordered that the documents submitted in the
8. 22175_06.html -- European Court of Human Rights. The case of Lappalainen v. Finland. Application no. 22175/06. -- The applicant was born in 1973 and lives in Outokumpu. On 16 November 1999 the applicant instituted proceedings against K., a journalist, and Yhtyneet Kuvalehdet Oy, a publishing company, claiming non-pecuniary damages for suffering and distress due to an article published in 1998. On 27 January 2000 the District Court (käräjäoikeus, tingsrätten) held an oral hearing. On 4 February 2000 it rejected the action, holding that publishing the name of a convicted person did not amount to an offence and that, therefore, no right to compensation existed under Chapter 5, section 6, of the Tort Liability Act (vahingonkorvauslaki, skadeståndslagen; Act no. 412/1974). The applicant appealed. On 22 March 2001 he changed counsel. On 12 December 2002 the Helsinki Court of Appeal (hovioikeus, hovrätten) held an oral hearing. On 31 March 2003 the court partly upheld the applicant's claim and ordered the journalist and the publishing company jointly to pay the applicant EUR 2,000 for suffering and distress. The court found that there had been no justification for publishing the name of a private person such as the applicant.
9. 22508_02.html -- European Court of Human Rights. The case of F and M v. Finland. Application no. 22508/02. -- The applicants were born in 1953 and 1950 respectively. F and M are the father and the mother of D, a girl born on 10 June 1984. On 4 June 1991 she was admitted to the child psychiatric department of a hospital for a six-week period for observation. During the observation she mentioned that she had played “finger games” with her father. According to the parents, D had referred to hobby crafts. It appears that the psychologist and the social welfare authorities interpreted this as sexual petting. D received treatment at the hospital from 5 August 1991 to 12 August 1994, following which she went to live in a substitute family. The applicants were allegedly refused access to D during her hospitalisation. Meanwhile, on 18 November 1991 the Social Welfare Board (sosiaalilautakunta, socialnämnden) decided to place D in public care on account of a suspicion that she had been sexually abused. The applicants unsuccessfully challenged the public care decision in the administrative courts. It appears that the Supreme Administrative Court rendered its decision in 1995. The social welfare officials allegedly told the applicants that the girl would return to live with them if they assumed responsibility for the situation and acknowledged the abuse. Although the applicant father was allegedly not guilty of any abuse, on 23 October 1991, he admitted the abuse to the social welfare officials and a psychiatrist in order to have D return home. He did not describe the nature of the abuse. On 7 May 1992 he withdrew his admission as he felt that he could not bear having this lie on his conscience for the rest of his life.
10. 22635_04.html -- European Court of Human Rights. The case of Vilén v. Finland. Application no. 22635/04. -- The applicant was born in 1953 and lives in Parola. The applicant requested sickness benefits due to his incapacity for work for the period from 3 June 2002 until 31 December 2002. On 10 June 2002 the applicant’s doctor stated in a certificate that he was incapable of working until 31 December 2002. The Social Insurance Institution (kansaneläkelaitos - KELA, folkpensionsanstalten – FPA, later “KELA”) rejected his request in two decisions of 28 August 2002. In the decisions his disability was described in detail, but he was not considered incapable of working. The decision was based on section 14 of the Sickness Insurance Act (sairasvakuutuslaki, sjukförsäkringslag 364/1963). On 13 September 2002 the applicant appealed to the Social Insurance Board (sosiaalivakuutuslautakunta, socialförsäkringsnämd). His appeal was rejected on 24 April 2003. In the decision no reference was made to the certificates provided by the applicant’s doctor. It stated that the applicant had been given an opportunity to reply to the KELA’s statement, but it did not give any details of the statement nor did it state whether the applicant had replied. On 4 June 2003 the applicant appealed to the Appellate Board for Social Insurance (tarkastuslautakunta, prövningsnämnden, later the “Appellate Board”). His appeal was rejected on 15 January 2004. In the decision no reference was made to the statements by the applicant’s doctors or the report from the time he spent in rehabilitation between 8 January and 28 January 2003. Like the decision of the Social Insurance Board, it stated that the applicant had had the opportunity to reply to the KELA’s statement, but failed to specify the content of the statement and whether the applicant had replied to it.
11. 23172_08.html -- European Court of Human Rights. The case of Rangdell v. Finland. Application no. 23172/08. -- The applicant was born in 1942 and lives in Helsinki. In July 1994 the applicant was on a boating trip with his family. While the boat was secured to a jetty off Helsinki harbour, it began to rock heavily up and down against the jetty in a sudden surging of the waves. The applicant, standing on the jetty at the time, tried to protect his boat and his family on board, by clutching the bow with his hands. In consequence, he fell between the boat and the jetty and sustained injuries to his neck and shoulder. Due to the accident he became permanently disabled for work and on 1 August 1995 his insurance company granted him a full disability pension. According to the applicant the rough waves were caused by a passing passenger ship which, in his view, had used excessive speed for the prevailing conditions. The applicant filed a criminal complaint with the police, which conducted a pre-trial investigation. The public prosecutor subsequently filed an application for a summons against the ship's captain, who was a citizen of Estonia. The authorities failed, however, to serve the summons in due time and the alleged offences became time-barred. On 3 July 1996 the applicant lodged a civil action for damages with the Helsinki District Court (käräjäoikeus, tingsrätten) against the captain and the Estonian shipping company, which was in charge of the ship. In their written response of 20 December 1996 the defendants pleaded firstly that the Helsinki District Court had no jurisdiction in the matter, the correct forum being the relevant court in Tallinn, Estonia. They also pleaded that the summons had not been properly served on the shipping company and that the claims against the captain were premature, as he could only be held liable for the amount not received from his employer. On 6 March 1998 the District Court rejected those pleas and continued with the proceedings. While the proceedings were underway, the shipping company was declared bankrupt. The bankruptcy proceedings were discontinued for lack of assets and the shipping company was removed from the business register on 26 August 1999.
12. 23220_04.html -- European Court of Human Rights. The case of A.L. v. Finland. Application no. 23220/04. -- On 13 March 2001 a mother contacted the police on account of a suspicion that her child R., a girl born in December 1986, had some ten days earlier been sexually abused by a relative, the applicant. On 21 March 2001 the police took a statement from the mother. On 9 July 2001 the police questioned the applicant. R. was interviewed by the police on 30 July 2001 in the presence of a social worker. No other person was present at the interview, nor was it recorded. The applicant was subsequently charged before the Tampere District Court (käräjäoikeus, tingsrätten) with having sexually abused R., who was 14 years’ old at the time, by touching her sexual organs. The applicant denied the charge. The court received testimony from R.’s mother and the applicant as well as three witnesses who testified on the applicant’s behalf. The prosecutor submitted a video recording of two interviews with R. conducted by a medical expert, H., on 17 and 18 April 2001. H. was heard as a witness in this connection. The prosecutor also submitted a medical statement containing an assessment of the interviews in question and another medical certificate containing findings relating to R.’s physical examination. The prosecutor further produced a statement given on 14 March 2001 by a rehabilitation centre for intellectually disabled persons. From the statement it transpired that R. had the intelligence level of a child aged 6 to 8½ years. Written evidence of R.’s need for professional help was submitted on her behalf.
13. 23667_06.html -- European Court of Human Rights. The case of Rafael Ahlskog v. Finland. Application no. 23667/06. -- The applicant was born in 1955 and lives in Kokkola. On 4 September 1996 the applicant gave a directly enforceable guarantee to cover the debt of a limited liability company. The debt fell due on 31 March 1999 and was not paid. On 30 June 1999 the creditor bank initiated civil proceedings in the District Court (käräjäoikeus, tingsrätten) requesting the company and the applicant, along with other persons, to pay the debt. On 8 February 2000 the District Court asked the defendants to indicate clearly in writing whether or not they contested the claim, at the risk of a default judgment. The applicant and the company filed their statements of reply on 15 and 20 March 2000 respectively but failed to indicate clearly their position. On 21 March 2000 the District Court gave a default judgment in which it ordered the applicant and the company to pay the debt. The judgment was served on 9 May 2000. On 12 May 2000 the applicant lodged an appeal against the default judgment with the District Court requesting that the judgment be quashed and the claims of the creditor bank be rejected. On 15 June 2000 the District Court ordered a stay of execution of the judgment. The District Court proceedings comprised three different sets of civil proceedings which were joined on 7 May 2003. These were the applicant’s claim for refund of benefit by unjust enrichment, the appeal against the default judgment and an action for damages, which was subsequently withdrawn. On 6 February 2004 the court, after having held oral hearings in October and December 2003, quashed the default judgment and rejected the creditor bank’s claims as far as the applicant was concerned. In March 2004 all parties to the case appealed to the Appeal Court (hovioikeus, hovrätten). The applicant’s appeal only concerned costs and expenses. The Appeal Court held an oral hearing in February 2006. On 4 April 2006 it upheld the District Court’s judgment as far as the applicant was concerned. The applicant did not apply for leave to appeal to the Supreme Court (korkein oikeus, högsta domstolen) as he was no longer in need of legal protection. Consequently, the Appeal Court judgment became final on 6 June 2006.
14. 24732_06 .html -- European Court of Human Rights. The case of Aiminen v. Finland. Application no. 24732/06. -- The applicant was born in 1951 and lives in Fuengirola, Spain. On 10 May 1999 the applicant was detained by the police as a suspect. Two days later he was released after questioning. He was further questioned by the police on two later occasions. On 11 August 1999 the public prosecutor filed an application for a summons with the Hämeenlinna District Court (käräjäoikeus, tingsrätten). According to the indictment the applicant had concealed property, namely a retirement pension insurance of a considerable value, firstly in enforcement proceedings against him and on a later occasion in his application for legal aid concerning another set of proceedings. The summons was served on 4 October 1999. The proceedings began on 17 March 2000 with a preparatory hearing. In an oral hearing, held on 6 April 2000, the applicant was charged with aggravated fraud by a debtor and aggravated fraud. Two complainants to the case joined the first charge and presented an accessory claim for damages and legal costs. On 27 April 2000 the court dismissed the first charge, as well as the complainants’ civil claims, stating that the applicant’s actions in that respect did not constitute a criminal offence. As to the second charge, the court found the applicant guilty of fraud and sentenced him to three months’ conditional imprisonment.
15. 25072_02.html -- European Court of Human Rights. The case of Riihikallio and Others v. Finland. Application no. 25072/02. -- The applicants were born in 1949, 1939 and 1936 respectively and live in Tuusula (Finland), Mijas Costa (Spain) and Nukari (Finland). On 31 December 1993 and 18 November 1994 the Finnish Savings Bank – SSP Oy (which later became the Property Management Corporation Arsenal (Omaisuudenhoitoyhtiö Arsenal – SSP Oy, Egendomsförvaltningsbolaget Arsenal – SSP Ab; hereinafter “Arsenal”) instituted civil proceedings against 16 defendants, including the applicants. It sought damages amounting to some 275 million Finnish marks (FIM; equivalent to 46.25 million euros (EUR)) plus 16 per cent interest fom 1 December 1994 for allegedly granting credit negligently in 1989-1991 and for subsequent credit losses allegedly caused by the 16 defendants in their capacity as members of the Board, managing director or other delegates in the management of the Savings Bank of Keski-Uusimaa (which in 1992 merged into the Finnish Savings Bank – SSP Oy, later replaced by Arsenal). The first applicant, Mr Riihikallio, was the Chairman of the Board; the second applicant, Mr Ketola, was the Managing Director; and the third applicant, Mr Niemikoski, was a member of the Board. The first summons was served on the applicants on 7 January 1994. At the request of several defendants, the District Court extended the time-limit for responding to the claims until 30 September 1994 and, additional claims having been lodged with it in November 1994, again until the end of January 1995. All three applicants denied the claims, maintaining that the amounts of damage allegedly caused had not been sufficiently proved. They demanded that the amounts at least be adjusted to make them reasonable. The court requested the plaintiff’s observations to be filed by 31 March 1995 and, following two extensions, received them on 19 June 1995. They ran to 500 pages and included 12 folders of further evidence. The defendants’ observations in reply were requested by 15 November 1995 and, following an extension, were received on 25 January 1996. On 6 July 1994 and 7 August 1995 the plaintiff requested the seizure of the applicants’ assets.
16. 25576_04.html -- European Court of Human Rights. The case of Flinkkilä and Others v. Finland. Application no. 25576/04. -- The applicants were born in 1948, 1951, 1962 and 1951 respectively and live in Helsinki, except for Ms Isosaari who lives in Ikkala. The first and second applicants are editors-in-chief of the nationwide magazine Seura and the third and fourth applicants are an editor-in-chief and a journalist of the nationwide magazine Nykyposti. On 4 December 1996 A., the National Conciliator (valtakunnansovittelija, riksförlikningsmannen) at the time, and B., his female friend, entered late at night A.'s home where his wife was present. The situation escalated, the police were called and the incident, which subsequently involved also A.'s grown-up children, led to A.'s arrest. Due to the incident, criminal charges were brought against both A. and B. on 18 December 1996. On 16 January 1997 the Helsinki District Court (käräjäoikeus, tingsrätten) sentenced A. to a four-month conditional prison sentence for resisting arrest and for criminal damage (vahingonteko, skadegörelse), and B. to a fine for assault. On 17 January 1997 the Council of State (valtioneuvosto, statsrådet) dismissed A. from his post as National Conciliator. On 25 June 1998 the Appeal Court (hovioikeus, hovrätten) upheld the judgment with respect to B. As regards A., the case had lapsed as he had died on 14 May 1998. On 15 December 1998 the Supreme Court (korkein oikeus, högsta domstolen) refused B. leave to appeal.
17. 25597_07.html -- European Court of Human Rights. The case of Taavitsainen v. Finland. Application no. 25597/07. -- The applicant was born in 1971 and lives in Tampere. On 16 June 2001 the police searched the applicant's apartment on account of a suspicion that it had been used for procuring. On 26 June 2001 she was questioned as a suspect. On 11 August 2001 the pre-trial investigation was completed. On 23 August 2001 the public prosecutor preferred charges against the applicant for procuring, allegedly committed during the period from 4 to 11 June 2001. On an unspecified date the applicant was summoned to appear before the Tampere District Court (käräjäoikeus, tingsrätten) at a hearing which was to take place on 6 March 2002. However, the hearing was cancelled owing to the fact that Ms H., a witness, had failed to appear before the court although lawfully summoned to do so. Another witness, Ms M., had not been summoned. Both witnesses were Estonian citizens. The hearing of the case was postponed until 12 August 2002 and Ms H. was summoned to appear before the court on pain of a fine of 650 euros (EUR). On 12 August 2002 the District Court noted that the above-mentioned witnesses had failed to appear before it although lawfully summoned. The court adjourned the case until 11 December 2002 and decided to summon the witnesses on pain of a fine of EUR 800 each. On 11 December 2002 the District Court noted that the witnesses had not been summoned, postponed the hearing of the case until 1 December 2003 and decided that the witnesses should be summoned to appear before it on pain of a fine of EUR 800 each. The court also issued warrants for their arrest. On 1 December 2003 the District Court again noted that the witnesses had not been summoned, adjourned the case until 26 May 2004 and decided that the witnesses should be summoned to appear on pain of a fine of EUR 800 each. The court also issued warrants for their arrest. On 26 May 2004 the District court noted that Ms M. had not been summoned and that Ms H. had been summoned but failed to appear. It postponed the hearing of the case until 8 December 2004, issued warrants for their arrest and decided that they should be brought to court. On 8 December 2004 the District Court noted that the witnesses had not been found. The case was adjourned until further notice.
18. 25651_94.html -- European Court of Human Rights. The case of L. v. Finland. Application no. 25651/94. -- The applicant father, who has two daughters (P., born in 1985, and S., born in 1991), married the mother of his children, E., on 21 September 1991. E. became mentally ill after the birth of their second child, S., and was hospitalised several times. Since at least 1985 there were contacts between the family and the social welfare authorities. In the beginning of 1992 the parents were planning a divorce. On 20 January 1992 the Social Director of the City of K. placed the children in provisional public care, principally suspecting that P. had been sexually abused and supposing that S. was in serious danger of being subjected to similar abuse. P. was admitted for observation in a child psychiatric clinic and S. was placed in a foster family. The applicant father and E. were opposed to the public care order. On 30 January 1992 the Social Welfare Board (sosiaalilautakunta, socialnämnden) of K. upheld the provisional public care orders. It also restricted the parents’ right of access to P. to two weekly visits at the hospital and decided not to disclose S.’s whereabouts. The parents, represented by the Public Legal Adviser (yleinen oikeusavustaja, allmänna rättsbiträdet) of K., appealed to the County Administrative Court (lääninoikeus, länsrätten) of Vaasa.
19. 25702_94.html -- European Court of Human Rights. The case of K. and T. v. Finland. Application no. 25702/94. -- At the beginning of the events relevant to the application, K. had a daughter, P., and a son, M., born in 1986 and 1988 respectively. P.’s father is X and M.’s father is V. From March to May 1989 K. was voluntarily hospitalised for about three months, having been diagnosed as suffering from schizophrenia. From August to November 1989 and from December 1989 to March 1990, she was again hospitalised for periods of about three months on account of this illness. In 1991 she was hospitalised for less than a week, diagnosed as suffering from an atypical and undefinable psychosis. It appears that social welfare and health authorities have been in contact with the family since 1989. The applicants initially cohabited from the summer of 1991 to July 1993. In 1991 both P. and M. were living with them. From 1991 to 1993 K. and X were involved in a custody and access dispute concerning P. In May 1992 a residence order was made transferring custody of P. to X.
20. 25702_94_B.html -- European Court of Human Rights. The case of K. and T. v. Finland. Application no. 25702/94. -- At the beginning of the events relevant to the application, K. had a daughter, P., and a son, M., born in 1986 and 1988 respectively. P.’s father is J. and M.’s father is V. From March to May 1989 K. was voluntarily hospitalised for about three months, having been diagnosed as suffering from schizophrenia. From August to November 1989 and from December 1989 to March 1990, she was again hospitalised for about three months on account of this illness. In 1991 she was hospitalised for less than a week, diagnosed as suffering from an atypical and undefinable psychosis. It appears that social welfare and health authorities have been in contact with the family from 1989. The applicants were initially cohabiting from the summer of 1991 to July 1993. In 1991 both P. and M. were living with them. From 1991 to 1993 K. and V. were involved in a custody and access dispute concerning P. In May 1992 custody of P. was transferred to V. and she was ordered to live with him.
21. 25711_04.html -- European Court of Human Rights. The case of Tuomela and Others v. Finland. Application no. 25711/04. -- The applicants were born in 1968 and 1946 respectively and live in Helsinki. The applicant company is based in Helsinki. The first applicant is a journalist and the second applicant the editor-in-chief of the third applicant, a publishing company. On 7 January 1997 they published in the nationwide magazine Hymy an article about A., the National Conciliator (valtakunnansovittelija, riksförlikningsmannen) at the time, and B., his female friend. The article, which was entitled “A.'s long-lasting relationship with his female friend and booze”, concerned an incident that had taken place at A.'s home on 4 December 1996. A. together with B. had entered late at night his home where his wife was present. The situation escalated, the police were called and the incident, which subsequently involved also A.'s grown-up children, led to A.'s arrest. The article also concerned A.'s drinking problem and B.'s background and identity: her name and age were mentioned in the article as well as the fact that she was the female friend who had been involved in the incident at A.'s home. Moreover, her workplace, the location of her home and her family relationships were mentioned in the article. The caption of the article stated that “Hymy reveals now the identity of A.'s long standing female friend and tells her background...”. Due to the incident on 4 December 1996, criminal charges were brought against both A. and B. on 18 December 1996. On 16 January 1997 the Helsinki District Court (käräjäoikeus, tingsrätten) sentenced A. to a four-month conditional prison sentence for resisting arrest and for criminal damage (vahingonteko, skadegörelse), and B. to a fine for assault. On 17 January 1997 the Council of State (valtioneuvosto, statsrådet) dismissed A. from his post as National Conciliator. On 25 June 1998 the Appeal Court (hovioikeus, hovrätten) upheld the judgment with respect to B. As regards A., the case was discontinued as he had died on 14 May 1998. On 15 December 1998 the Supreme Court (korkein oikeus, högsta domstolen) refused B. leave to appeal. In the spring of 1997 A. and B. requested that criminal investigations be conducted against journalists who had written about the incident on 4 December 1996 and the circumstances surrounding it. On 24 March 1997 they made such a request with respect to the applicants, claiming that the article published in Hymy had invaded B.'s privacy as her workplace and name had been revealed. In regard to all but one of these requests no charges were brought. On 8 September 1998 the public prosecutor decided not to bring charges against the applicants as, according to him, there was no indication of any crime. On 25 October 1998 B. complained to the Prosecutor-General (valtakunnansyyttäjä, högsta åklagaren) about the decisions not to prosecute and asked him to reconsider the cases.
22. 26189_06.html -- European Court of Human Rights. The case of Petikon Oy and Parviainen v. Finland. Application no. 26189/06. -- The second applicant was born in 1947 and lives in Espoo. The applicant company, which is wholly owned and administered by the second applicant, bought shares in a housing corporation on 18 June 1992. Later the applicants found out that the same shares had been given as security by company X. which had been declared bankrupt. They also found out that the whole of the real estate had been placed under an interdiction against sale or dispersal. On 23 August 1993 the applicant company initiated an action for damages in the Espoo District Court (käräjäoikeus, tingsrätten) against the bank and the bank director responsible for selling the shares, claiming compensation for the loss of the shares. On 25 October 1993 the District Court dismissed the claim as premature without considering the merits. On 23 December 1993 the applicant company initiated, together with the other share holders, a new action for damages against the bank as the rules on civil procedure had changed in the meantime. The company claimed that the damage had been caused by a bank manager and that the bank as employer was liable for its employees. Allegedly, the bank manager had given incorrect information, had not acted diligently but in breach of good banking practice and was guilty of criminal conduct. The company claimed that the bank was obliged to compensate, inter alia, by reimbursing the purchase price of the shares, the condominium charges paid to the housing corporation and the company’s legal expenses incurred in the criminal case.
23. 26654_08.html -- European Court of Human Rights. The case of Huoltoasema Matti Eurén Oy and Others v. Finland. Application no. 26654/08. -- The applicant company has its seat in Nastola and the second and third applicants live in Villähde and Orimattila respectively. The applicant company has operated a service station in Nastola since 1965. The service station is located in the industrial zone of the municipality which is situated in a groundwater basin. The second and third applicants are the only owners of the applicant company. In 1998 new regulations concerning handling and storage of dangerous chemicals (including fuels for motor vehicles) entered into force and service stations needed to comply with these new requirements by 31 December 2002. In order to comply with the new regulations, the applicant company had to undertake some restructuring works. On 1 March 2000 the Environmental Protection Act (ympäristönsuojelulaki, miljöskyddslagen, Act No. 86/2000) entered into force requiring, inter alia, an environmental permit to be held for activities which might cause environmental pollution. As the activities of the applicant company fell within the scope of application of the Act, it applied for an environmental permit for the restructuring works on 8 December 2000. More specifically, the application concerned an environmental permit for enlarging the storage capacity of liquid fuel. On 20 March 2001 the Nastola Environmental Board (ympäristölautakunta, miljönämnden) granted the applicant company the permit and set several conditions for the restructuring works. By letter of 17 April 2001, the Häme Regional Environment Centre (ympäristökeskus, miljöcentralen) appealed against the Board's decision to the Vaasa Administrative Court (hallinto-oikeus, förvaltningsdomstolen) claiming that, despite the proposed protective measures, there was still a risk that the quality of groundwater could be jeopardised and that the environmental permit should therefore be withdrawn. On 26 October 2001 the Administrative Court rejected the Centre's appeal but amended one of the conditions for the permit. By a letter of 22 November 2001, the Centre appealed to the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen), reiterating the grounds of appeal relied on before the Administrative Court.
24. 26890_95.html -- European Court of Human Rights. The case of Kukkola v. Finland. Application no. 26890/95. -- The applicants, Ms Sinikka Kukkola and Ms Salme Kukkola were joint owners of the real property Kukkola (registered as number 1:120) comprising 32 hectares, until the death of Ms Sinikka Kukkola. Ms Salme Kukkola, being the sole heir of Sinikka Kukkola, inherited the real property and is now its sole owner. Ms Salme Kukkola was born in 1945 and lives in Pertunmaa. In 1989 the Council of State (valtioneuvosto, statsrådet) declared that the white-backed woodpecker should be afforded particular protection pursuant to Section 16 (c) of the 1923 Nature Conservation Act (luonnonsuojelulaki, lagen om naturskydd 71/1923). In 1992 the Ministry of the Environment (ympäristöministeriö, miljöministeriet) drew up a provisional plan for the protection of the species and invited the County Administrative Boards (lääninhallitus, länsstyrelsen) to comment thereon. The plan was to be confirmed subsequently. In the provisional plan some 20 hectares of the applicants' forest was included in section II of the plan which covered areas where the woodpecker was seen occasionally and which could not be expropriated. On 3 December 1992 the Ministry instructed the relevant County Administrative Board to transfer the applicants' land to section I of the plan which covered the nesting areas of the species and which could be expropriated.
25. 27323_95.html -- European Court of Human Rights. The case of Peltonen v. Finland. Application no. 27323/95. -- In 1992 the applicant, then resident in Sweden, travelled to Egypt. In 1993 he officially moved from Sweden to Finland. In the light of this move the local social insurance office (försäkringskassan) in Sweden decided to stop paying him national pension benefits, referring to the possibility of his obtaining similar benefits from the Finnish authorities. The applicant's request for a Finnish disability pension was refused by the Joutseno branch office of the Social Insurance Institution (kansaneläkelaitos, folkpensionsanstalten) on 15 June 1993 on the basis that he was not resident in Finland. The applicant appealed, arguing that he was only temporarily staying in Egypt and that his return to Finland had been delayed due to the urgent treatment of an illness. On 17 February 1994 the Appellate Board for Social Insurance (tarkastuslautakunta, prövningsnämnden; “the Appellate Board”) dismissed the applicant’s appeal, maintaining that in the light of the material adduced he was not resident in Finland. It referred to an opinion submitted by the Social Insurance Institution at the Appellate Board’s request. The opinion and the attached documents had not been communicated to the applicant. Neither were they reproduced or summarised in the Appellate Board's decision.
26. 27744_95.html -- European Court of Human Rights. The case of T. and Others v. Finland. Application no. 27744/95. -- T. and A. are the father and mother of J. and S. and were born in 1949. J. was born in 1975 and S. was born in 1985. The applicants live in Helsinki. In September 1990 the parents and the social welfare authority were informed by day care staff that S. had been playing “sexually coloured” games with other children. S. stated that an older boy had initiated the games. On 29 January 1991, S. was admitted to the A. hospital for examinations. In February 1991 the parents and the social welfare authorities were informed of the hospital’s conclusion that S. had been subjected to incest by T. It was suspected that T. had also sexually abused J. T., A. and J. denied the accusations. On 26 March 1991 S. was transferred to a children’s home.
27. 27751_95.html -- European Court of Human Rights. The case of K.A. v. Finland. Application no. 27751/95. -- The applicant and his wife S. have three children, K., born in 1980, A., born in 1981, and J., born in 1986. S. suffers from mental problems and is on early retirement. On 28 January 1992 the Social Welfare Office of the relevant city was contacted by a private individual raising a suspicion that the children were being sexually abused by their parents. The matter was considered by the child welfare support group of the local Social Welfare Board (sosiaalilautakunta, socialnämnden) on 5 February 1992. The group included Drs H.L. and U.K. of the Central Hospital located in the same city, the school welfare officer, a nurse of the child welfare clinic, the leading psychologist of the family advice centre and the director of J.’s nursery. Since no proof of incest was found, no further action was taken. From 24 to 29 February 1992 J.’s development was monitored in the children’s ward of the Central Hospital. The examination revealed no signs of sexual abuse. On 16 March 1992 his nursery notified the social welfare authorities that he had shown a strong regression after having remained at home with his mother for one week following his hospital stay, and that similar regression had appeared whenever he had been spending longer periods at home.
28. 27752_95.html -- European Court of Human Rights. The case of Kuopila v. Finland. Application no. 27752/95. -- The applicant is a Finnish national, born in 1927 and living in Uusikaupunki. She is an art dealer. At the beginning of November 1990, she obtained through a transfer of a sales commission a painting that was to be sold by the end of November. A statement of 1955, according to which the painting was an authentic work of Helene Schjerfbeck (a famous Finnish artist), was attached on the back of the painting. On 9 April 1991, the original owner of the painting reported to the police that the applicant had refused to return the painting despite the expiry of the sales commission and his repeated requests. He considered that a crime had been committed. Subsequently, a police investigation was initiated. The police questioned the applicant and the original owner of the painting. As it appeared that the applicant had sold the painting to a third person, the police questioned him, too. Furthermore, the painting was seized. The applicant was charged with aggravated fraud and aggravated embezzlement, committed concurrently, contrary to chapter 28, section 5 (1), and chapter 36, section 2 (1), of the Criminal Code (rikoslaki, strafflag).
29. 27824_95.html -- European Court of Human Rights. The case of Posti and Rahko v. Finland. Application no. 27824/95. -- The applicants are fishermen operating in the coastal region of the Gulf of Bothnia on the basis of leases contracted with the State in 1989 and renewed in 1995 (for a further period ending in 1999) as well as in 2000 (for the period 2000-04). By virtue of section 116, subsection 3, of the 1982 Fishing Act (kalastuslaki, lag om fiske 286/1982) the Ministry of Agriculture and Forestry may restrict fishing, inter alia, if this is deemed necessary in order to safeguard future fish stocks. Since 1986 the Ministry has imposed such restrictions by issuing decrees. The restrictions have varied to some degree as regards their timing, territorial scope, the fish species in question and the prohibited fishing gear. The restrictions may also extend to private waters. In 1991 Mr Rahko and others challenged the lawfulness of Decree no. 684/1991 (“the 1991 Decree”), whereby fishing with certain gear had been prohibited, inter alia, in waters leased by him. In its judgment of 14 June 1991 the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen) declined to examine the merits of the appeal, considering that it lacked jurisdiction to consider the appellants' demands that the decree be revoked and the implementation thereof stayed.
30. 28301_03.html -- European Court of Human Rights. The case of S. H. v. Finland. Application no. 28301/03. -- The applicant was born in 1952 and lives in Porvoo. In 1986 the applicant became allergic to ink used in her work as a window-dresser and decorator and was diagnosed as asthmatic. She was granted a rehabilitation allowance in order to be able to change career and to qualify for a new profession. From 1989 onwards she worked as an accountant. In 1997 her asthma became worse. The insurance company granted her a temporary accident pension in 1998 based on her annual income in 1986 when the asthma first started. The applicant appealed to the Accident Board (tapaturmalautakunta, olycksfallsnämnden), demanding that the accident pension be calculated on the basis of her income as an accountant instead of her income in 1986 since she was no longer employed in the same work as when the occupational disease was diagnosed. Moreover, she stated in her appeal that she was undergoing further tests for asthma in order to find out if she was suffering from a new occupational disease. On 14 January 1999 the Accident Board issued a decision rejecting her appeal with regard to the income. In so far as the applicant demanded compensation on grounds of having contracted a new occupational disease in her new work, the Accident Board referred the matter to the insurance company for consideration. On 18 August 1999 the insurance company refused her request for a further allowance as it found that, according to the most recent medical opinion, the applicant was not suffering from a new occupational disease and that her symptoms were caused by her previously diagnosed asthma. The applicant disagreed and appealed to the Accident Board, submitting two medical opinions in support of her claim. On 12 January 2000 the Accident Board found that the medical opinions did not support the applicant’s claims and rejected her appeal. Represented by a lawyer, she appealed to the Insurance Court (vakuutusoikeus, försäkringsrätten), claiming that the decision should be quashed. The insurance company filed its observations with the court and the applicant was given an opportunity to reply. On 24 January 2002 the insurance company filed two further medical opinions dated 20 April 2001 and 8 November 2001. The Insurance Court upheld the decision on 11 June 2002, finding that the new evidence did not allow it to reach a different conclusion. On 10 July 2002 the applicant acquainted herself with the case file before the Insurance Court. According to the applicant, she saw in the case file an opinion prepared by J., a doctor on the Accident Board, as well as two medical opinions from the insurance company.
31. 28552_05.html -- European Court of Human Rights. The case of Janatuinen v. Finland. Application no. 28552/05. -- The applicant was born in 1971 and lives in Vierumäki. The applicant was suspected of having supplied large amounts of illegal drugs to other persons for distribution. The pre-trial investigation against the applicant and other suspects was concluded on 24 September 2003. During the pre-trial investigation, the applicant had been represented by a court appointed counsel, J.T. On an unspecified date prior to the trial J.T. informed the Kuopio District Court (käräjäoikeus, tingsrätten), which was the court of jurisdiction, of the dates when he would not be available due to other engagements. According to the applicant, the court had then informed J.T. that the trial dates had already been fixed. On 28 October 2003 J.T. was informed that in such a large case the court would not be able to arrange the trial dates to suit the lawyers' requests and that a representative should arrange for a substitute to deal with other pending cases. The court asked J.T. whether he would prefer that the applicant be appointed another representative. On 31 October 2003 the public prosecutor brought charges against the applicant and twelve other defendants in the Kuopio District Court. The prosecution evidence comprised, inter alia, recordings of telephone conversations obtained through police interception. The court's oral hearing was held in nine sessions between 11 and 21 November 2003. The applicant appeared in person at six of those sessions. At four of them he was represented by J.T. and at the other two by a different lawyer. During the session of 13 November 2003 the applicant and two other defendants requested access to certain recordings in the possession of the police but not included in the case material. They contended that those recordings concerned business arrangements other than the alleged drugs trading, and other material supporting their innocence. The prosecutor opposed the request, stating that a number of recordings, to the necessary extent, had been included in the case file. He further maintained that recordings of such telephone conversations which did not support the charges had also been included in the file.
32. 28631_05.html -- European Court of Human Rights. The case of Manninen v. Finland. Application no. 28631/05. -- The applicant was born in 1944 and lives in Helsinki. The applicant purchased a company in September 1995. The company was wound-up on its own initiative in March 1996. A criminal investigation was started in regard to the financial activities of the company in February 1997 and the applicant was questioned by the police for the first time on 21 April 1997. He was, together with two other persons, suspected of aggravated debtor’s dishonesty and false accounting in 1995 and 1996. The pre-trial investigation was finalised on 26 November 1997. On 27 March 1998 the prosecutor waived prosecution due to insufficient evidence. On 22 April 1998 the bankruptcy estate requested the State prosecutor to examine the previous decision not to prosecute. On 23 December 1998 the deputy State prosecutor requested the police to conduct an additional investigation without delay due to the time that had already passed since the beginning of the investigation. On 23 December 1999, the local prosecutor was ordered to bring charges against all the suspects. An additional investigation was requested. The last investigation was concluded on 13 January 2000. The charges were brought against the applicant and the other defendants on 16 February 2000. The District Court (käräjäoikeus, tingsrätten) dismissed all the charges on 1 March 2002. Following the prosecutor’s appeal and after a two-day oral hearing, the Court of Appeal (hovioikeus, hovrätten) convicted the applicant on 18 June 2004. He was sentenced to five months’ imprisonment. The sentence was amended for reasons of equity in view of two previous prison sentences dating from 2002 and 2004. In his appeal to the Supreme Court the applicant raised the issue of the excessive length of the proceedings. The Supreme Court (korkein oikeus, högsta domstolen) refused leave to appeal on 8 February 2005.
33. 28808_95.html -- European Court of Human Rights. The case of Valle v. Finland. Application no. 28808/95. -- The applicant was diagnosed as mentally ill for the first time in 1985. In 1986 the applicant was found guilty of rape but not convicted as he was found to have committed the crime in a state of diminished responsibility. In 1987 the National Board of Health (lääkintöhallitus, medicinalstyrelsen) found that he was in need of compulsory psychiatric care. Such care was consistently extended to him after regular reviews of its justification. The applicant was initially detained at the Hesperia Hospital in Helsinki. On 30 October 1992, the applicant was transferred to the Old Vaasa Hospital in Vaasa, which is a State mental hospital (valtion mielisairaala, statens sinnessjukhus), practising a strict discipline. On 11 January 1994, the Deputy Parliamentary Ombudsman (eduskunnan apulaisoikeusasiamies, riksdagens biträdande justitieombudsman) inspected the hospital and met the applicant. The Deputy Parliament Ombudsman found no reason to take any measures concerning the patients’ rights to use the telephone which, he complained, were too restrictive.
34. 28856_95.html -- European Court of Human Rights. The case of Jokela v. Finland. Application no. 28856/95. -- The first applicant is the widow of the late Mr Timo Jokela (“Mr Jokela”), who died on 19 September 1992. The other applicants are his children and all the applicants are beneficiaries of his estate. At the time of his death Mr Jokela possessed, inter alia, the following properties in the centre of Nakkila municipality: Saha 1:15, Saha I 5:55, Saha I 5:78 and Saha II 3:20. The size of the properties came about 2.9 ha in total. Mr Jokela had purchased a third of the land for 300,000 markkas (FIM) in December 1989. A regional master plan (seutukaava, regionplan) of 1977 had designated part of the land for roadworks. That designation had been maintained in a municipal building plan (rakennuskaava, byggnadsplan) of 1989, whereas construction mainly for industrial purposes had been allowed on the remaining part of the properties. In June 1990 the Turku District Roads Authority requested the partial expropriation of Mr Jokela's properties with a view to constructing an overpass pursuant to a road plan confirmed in February 1990. The overall area to be expropriated covered about half of the properties in question (1.53 ha). The request was referred to a panel composed of a State-appointed land surveyor (“the expert”) and two lay members chosen by the expert from a list drawn up by the municipality (“the trustees”).
35. 29346_95.html -- European Court of Human Rights. The case of K.S. v. Finland. Application no. 29346/95. -- In May 1991 the applicant was dismissed, with six months’ notice, from his post as tax inspector, and immediately suspended from office. He was deemed unable to perform his duties adequately and found to have continuously failed to comply with, or to have neglected, his obligations as a civil servant. His appeals were rejected, in the last resort by the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen). In February 1992 the Unemployment Fund (työttömyyskassa, arbetslöshetskassan) for Lawyers and Legal Associates refused to pay the applicant a salary-related unemployment benefit for the period 28 November 1991 - 8 January 1992. The Fund had regard to an opinion from the Employment Commission (työvoimatoimikunta, arbetskrafts-kommissionen) of Vaasa which concluded that the applicant had himself caused his dismissal. Under domestic law the Unemployment Fund was bound by the Employment Commission’s opinion. The applicant had received a copy thereof in the beginning of December 1991.
36. 29576_09.html -- European Court of Human Rights. The case of Lahtonen v. Finland. Application no. 29576/09. -- The applicant was born in 1970 and lives in Helsinki. The applicant is a journalist and the editor-in-chief of a monthly magazine called Alibi, which specialises in crime reporting and has a circulation of approximately 32,000. The publisher of Alibi is Yhtyneet Kuvalehdet Oy. On 29 July 2003 J., a police officer, stopped a person unknown to him on the road and used his police identity card to take possession of the person’s car for emergency reasons, as he put it. He then drove off at high speed. After the car appeared to break down, J. tried to acquire another vehicle in the same manner. The persons in the second car turned out to be two police officers in civilian clothing, who were monitoring the traffic. After having threatened the police officers with violence, J. continued towards his destination. His speed alternated between 160 and 185 km/h in a zone where the limit was set at 80 and 100 km/h. At his destination, J. was apprehended by the police and charged with stealing the vehicle and various other offences. Soon after his arrest, J. gave an exclusive interview, for a fee, to a weekly magazine called 7-Päivää. His real name was not revealed in the interview but his picture (face in profile) was used and the article mentioned that he was, at the time, undergoing involuntary treatment in a mental hospital. J. had also offered an interview to Alibi (and the applicant) against payment but the offer was refused by the applicant. On 3 February 2004, in the hearing before the District Court (käräjäoikeus, tingsrätten), J. pleaded guilty to most of the charges. The court ordered J., in accordance with his own request, to undergo psychiatric examination to establish whether he was, at the time, criminally responsible for his actions. In the March 2004 edition of Alibi an article was published about J. and his case. The article was written by the applicant. The information in the article was based on the public court documents acquired by the applicant from the District Court after the hearing on 3 February 2004. The article included J.’s name, year of birth, some background information about him and his current place of work, details of the incident of 29 July 2003 and information that J. had wished to undergo a psychiatric evaluation before the court’s decision was made and that he had been ordered to do so by the court.

European Court of Human Rights judgments and decisions -- Finland application no. 20000..29999