International law and its relation to domestic law

An international treaty has to be implemented into domestic law after its ratification in order to become a binding part of national legislation. The provisions of treaties and other international obligations, insofar as they are of a legislative nature, are brought into force by a legislative act. Otherwise, international obligations are brought into force by a decree issued by the president. If the proposal concerns the Constitution or a change to national territory, the parliament shall adopt it by a majority of at least two-thirds of the votes cast. (Section 95 of the Constitution of Finland, 11 June 1999)

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International law and its relation to domestic law

An international treaty has to be implemented into domestic law after its ratification in order to become a binding part of national legislation. The provisions of treaties and other international obligations, insofar as they are of a legislative nature, are brought into force by a legislative act. Otherwise, international obligations are brought into force by a decree issued by the president. If the proposal concerns the Constitution or a change to national territory, the parliament shall adopt it by a majority of at least two-thirds of the votes cast. (Section 95 of the Constitution of Finland, 11 June 1999)

Acts and decrees implementing international obligations are regarded equal to acts and decrees that are of purely national nature. Therefore, international treaties do not prevail over domestic legislation, in particular, the Constitution.

FREEDOM OF ASSEMBLY

Legal framework

Everyone has the right to arrange meetings and demonstrations without a permit, as well as the right to participate in them. (Section 13 of the Constitution) Public officials shall guarantee the observance of basic rights and liberties and human rights. (Section 22 of the Constitution) Primary legislation is the Assembly Act. (Came into force on 1 September 1999. Hereinafter referred to as the Law) The Maintenance of Order Act contains provisions concerning persons appointed to maintain order during assemblies and demonstrations. (Came into force on 1 September 1999) No secondary legislation can be found on freedom of assembly.

Types of assemblies defined and protected in domestic law

The Law applies to public meetings (a demonstration or other assembly arranged for the exercise of the freedom of assembly, open for participation or observation also to persons who have not been expressly invited to it. A demonstration arranged merely for the expression of the opinion of individual persons is not considered to be a public meeting.) and public events (amusements, contests, performances, and other comparable events that are open to the public but not considered to be public meetings. If participation in an event requires an invitation or membership in a given organization, the provisions of this act on public events apply to it, unless the event, owing to the number of participants, the type of event, or other specific circumstances, is considered to be of a private nature.). The Law does not apply to official events arranged by public corporations or to the characteristic events of religious communities where these are arranged for the purpose of public worship in the community’s own premises or in a comparable place. (Section 2 of the Law)

Possible limitations/restrictions/conditions, including requirements for notification; power to ban assemblies

In states of emergency, basic rights, including freedom of assembly, may be restricted. (Section 23 of the Constitution reads that “such provisional exceptions to basic rights and liberties that are compatible with Finland's international obligations concerning human rights and that are deemed necessary in case of an armed attack against Finland, or if there exists an emergency that threatens the nation and that, according to an act, is so serious that it can be compared with an armed attack, may be provided by an act”) Certain conditions have to be met. (1) Restrictions have to be laid down by an act; 2) they have to be precise; and 3) they are allowed on the basis of acceptable reasons)

In case of a public meeting, the following provisions apply:

When a public meeting is to be arranged outdoors in a public place, the organizer shall notify the local police orally or in writing at least six hours before the beginning of the meeting. Later notification may also be considered valid if the arrangement of the meeting does not cause significant disruption to public order. (Section 7 (1) of the Law) No notification is required for private meetings or for public meetings to be held on private property or on public property indoors. (Section 7 (2) of the Law) Spontaneous demonstrations are therefore allowed within these limits.

The notification of a public meeting shall contain the following information: the organizer  of the meeting; the purpose of the meeting; the place of the meeting or the route of the procession; the start time and estimated completion time of the meeting; the people appointed by the organizer to maintain order at the meeting; any constructions or other special equipment to be used at the meeting; the name of a contact person who must be reachable by the police for matters relating to the arrangement of the meeting. (Section 8 of the Law)

If officials receive notice of more than one public meeting to be arranged in the same place at the same time, and if their simultaneous arrangement is not possible, the organizer who first submitted the notification shall have precedence, unless the meeting place is traditionally or contractually to be used for another meeting. In this event, the police may, after having negotiated with the contact persons, move the other meetings to be held at another time or to another place suitable for the purpose of the meeting. (Section 10 (1) of the Law)

If the arrangement of a public meeting in the notified place will compromise the safety of people; cause considerable damage to the environment or damage to property; cause unreasonable inconvenience to bystanders, traffic, or an event pertaining to an international conference arranged by a public corporation or another event requiring similar security arrangements, the police may, after having negotiated with the contact person, move the meeting to another place suitable for the purpose of the meeting. (Section 10 (2) of the Law)

In addition, where the flow of traffic so requires, and after having negotiated with the contact person, the police may order the route of a procession to be altered in such a way that the purpose of the procession is not compromised by the route alteration. (Section 10(3) of the Law)

In case of a public event, the following provisions apply:

The organizer shall notify the police of the arrangement of a public event in writing at least five days prior to the event. The police may also accept later notification if the arrangement of the event will not disrupt public order and if the late notification will not unreasonably hamper the performance of the statutory duties of the police. (Section 14(1) of the Law) No notification need be made concerning a public event that, owing to the small number of participants, the nature of the event, or the place of the event, does not require measures for the maintenance of order or security, for the prevention of inconvenience to bystanders or damage to the environment, or special traffic arrangements. (Section 14(2) of the Law) The content of the notification shall be the same as in the case of a public meeting.

The police may prohibit the arrangement of a public event if other measures are insufficient and if it is evident that the event is illegal or that its arrangement essentially violates the Law or the orders issued by virtue of the Law; that order and security cannot be maintained at the event; that the arrangement of the event will endanger people’s  health or cause damage to property; or that the arrangement of the event will cause significant inconvenience to bystanders or damage to the environment. (Section 15 of the Law)

If the arrangement of an event could cause damage to people or property, the police may, as a prerequisite for the arrangement of the event, order the organizer to have adequate insurance coverage for possible liabilities. (Section 16 of the Law)

Place, route, and time of assemblies

A public meeting may be arranged outdoors in a public square, open area, street, or in another similar public place that is suitable for meetings, without the permission of the owner or holder. The owner or holder may restrict the use of such a place for meeting purposes if it is to be anticipated that the arrangement of the meeting will cause unreasonable inconvenience to the owner or holder or unreasonable damage to the environment. (Section 9 of the Law)

A public event shall not be arranged during the 24-hour period beginning at 6:00 p.m. on the eve of Good Friday, Easter Sunday, or Christmas, unless the police grant permission for the same upon request. (Section 12(2) of the Law)

Requirements for organizers, their rights and duties (including liability and penalties)

Public meetings and public events may be organized by private citizens who have full legal capacity, by corporations, and by foundations. A person who does not have full legal capacity but who is at least 15 years of age may organize a public meeting unless it is evident that he or she will not be capable of fulfilling the requirements that the law imposes on the organizer of a meeting. A person without full legal capacity may organize a public meeting (Section 5 of the Law) and a public event (Section 12(1) of the Law) together with a person with full legal capacity.

At a public meeting, banners, insignia, loudspeakers, and other regular meeting equipment may be used and temporary constructions built. In this event, the organizer shall ensure that no danger or unreasonable inconvenience or damage is thereby caused to the participants, bystanders, or the environment. (Section 11 of the Law) The organizer of a public meeting or a public event shall ensure that the meeting equipment and constructions are removed after the event without undue delay unless otherwise agreed with the owner or holder of the place. (Section 24 of the Law. The provisions in the Waste Act (1072/1993) apply to cleaning up litter at the meeting place)

The organizer of a public event shall obtain the consent of the owner or holder of the place of the event in order to use it for the purpose of that event. (Section 13(1) of the Law)

The organizer of a public meeting or a public event may appoint individuals to maintain order. (The provisions in the Maintenance of Order Act (533/1999) apply to the competence criteria, authority, and duties of the persons maintaining order) However, the right to interrupt a public meeting or public event and the right to order individuals to disperse are governed by the provisions of the Law. (Section 18 of the Law)

The chairperson or the organizer of a public meeting shall interrupt the meeting or order participants to disperse if continuing the meeting would cause immediate danger to the safety of people, property, or the environment. (Section 21 (1) of the Law)

A person who deliberately or through gross negligence fails to submit a notification (in accordance with Section 7(1) or 14(1) of the Law) and thus significantly compromises public order or security, organizes a public event in violation of a prohibition issued by the police, (in accordance with Section 15 of the Law) essentially breaches orders issued by the police, (in accordance with Section 10, 16 or 20 of the Law) essentially fails in the performance of a duty of the organizer or the chairperson,(as referred to in Section 17, 21(1) or 22 of the Law) or breaches a prohibition related to prohibited objects and substances (provided in Section 23 or issued under that section) shall be sentenced for an assembly violation to a fine unless a more severe penalty for the act has been provided elsewhere in the Law. (Section 26 of the Law)

A person who unjustifiably destroys or damages another person’s property shall be fined for criminal damage or sentenced to a maximum of one year in prison. (Chapter 35, Section 1 of the Penal Code of Finland, 39/1889; amendments up to 650/2003 included)

If the criminal damage causes particularly serious economic loss, causes the victim particularly significant damage with due consideration to his/her circumstances, or causes considerable damage to property that is of special historical or cultural value, and if the criminal damage is also aggravated when assessed as a whole, the offender shall be sentenced for aggravated criminal damage to a minimum of four months and a maximum of four years in prison. An attempt is also punishable. (Chapter 35, Section 2 of the Penal Code)

If the criminal damage, when assessed as a whole, with due consideration to the minor degree of damage or other circumstances connected with the offence, is to be deemed petty, the offender shall be fined for petty criminal damage. (Chapter 35, Section 4 of the Penal Code)

A person who employs physical violence against another person or, without such violence, damages another person’s health, causes pain, or renders another person unconscious or to a similar condition shall be fined for assault or sentenced to a maximum of two years in prison. An attempt is also punishable. (Chapter 21, Section 5 of the Penal Code)

If an assault causes grievous bodily harm, serious illness, or places the victim in mortal danger; is committed in a particularly brutal or cruel manner; or if a firearm, edged weapon, or other similar lethal instrument is used, and if the offence, when assessed as a whole, is considered aggravated, then the offender shall be sentenced for aggravated assault to a minimum of one year and a maximum of 10 years in prison. An attempt is also punishable. (Chapter 21, Section 6 of the Penal Code)

If an assault, when assessed as a whole and with due consideration for the degree of violence, the violation of physical integrity, damage to health, or other relevant circumstances, is considered minor, the offender shall be fined for petty assault. (Chapter 21, Section 7 of the Penal Code)

An individual who uses or threatens violence against a public official in order to force that official to perform, or refrain from performing, an official act involving the exercise of public authority, uses or threatens to use force in another manner against that public official because of an official act that is being performed, or uses violence against a public official or related person (as referred to in Chapter 15, Section 10(2) of the Penal Code, which reads “However, a person shall not be sentenced for a failure to report a serious offence, if, in order to prevent the offence, he/she would have had to denounce a spouse, a sibling, a direct relative or descendant, a person living in the same household or a person who is close owing to another comparable personal relationship.”) in order to enact revenge for an official act shall be sentenced for violently resisting a public official to a minimum of four months and a maximum of four years in prison. Any individual who behaves in a similar manner towards a person who, at the request of a public official, is assisting in an official duty involving the exercise of public authority shall be sentenced for violently resisting a public official. (Chapter 16, Section 1 of the Penal Code)

If the violent resistance to a public official, taking into account the degree of the violence, or threat thereof, or other circumstances related to the offence, is to be deemed committed under mitigating circumstances, when assessed as a whole, the offender shall be fined for resisting a public official or sentenced to a minimum of six months in prison. (Chapter 16, Section 2 of the Penal Code)

A person who, without employing or threatening violence, prevents or attempts to prevent an official act, as referred to in Section 1, or who makes it more difficult to carry out such an act, shall be fined for obstructing a public official. In addition, a person who behaves in this manner (referred to in Chapter 16, Section 3(1) of the Penal Code) towards a person who, at the request or with the consent of a public official, is assisting in an official duty involving the exercise of public authority shall be fined for obstructing a public official. (Chapter 16, Section 3 of the Penal Code)

A person who fails to obey an order or prohibition issued by a police officer, within his/her competence, for the maintenance of public order or security or the performance of a duty; refuses to provide a police officer with identification (referred to in Section 10(1) of the Police Act, 493/1995: “police officers have the right to obtain from anyone information about his or her name, personal identity code, or, if this does not exist, date of birth and nationality, and a place where they can be contacted”); fails to obey a police officer’s clearly visible signal or order to stop or move a vehicle (as referred to in Section 21 of the Police Act); neglects the duty to provide assistance (as referred to in Section 45 of the Police Act); or alerts the police without reason or, by providing false information, hinders police operations, shall be fined, unless a more severe penalty for the act has been provided elsewhere in the law, or sentenced to a minimum of three months in prison for disobeying a police officer. (Chapter 16, Section 4 of the Penal Code)

Requirements for participants; their rights and duties (including liability and penalties)

Everyone (The basic right secured in the Constitution of Finland concerns all individuals on Finnish territory: nationals, foreigners, and refugees) has the right to participate in public meetings. (Section 6 of the Law) For liability and penalties, see the previous section on “Requirements for organizers”.

State and police powers and responsibilities (including liability and penalties)

Public authorities shall promote the exercise of freedom of assembly by protecting the right to assemble without hindrance and by providing assistance in the arrangement of public meetings. (Section 4 of the Law)

The Law (Section 25 of the Law) refers to the chapters of the Penal Code that might come into question.

A person who, in his or her trade or profession, service of the general public, exercise of official authority, or other public function, or in the arrangement of a public amusement or meeting, without a justified reason, refuses someone service in accordance with generally applicable conditions, refuses someone entry to the amusement or meeting or ejects him or her, or places someone in an unequal or an essentially inferior position owing to his or her race, national or ethnic origin, colour, language, sex, age, family ties, sexual preference, state of health, religion, political orientation, political or industrial activity, or another comparable circumstance shall be fined, unless the act is punishable as industrial discrimination, for discrimination or sentenced to a maximum of six months in prison. (Chapter 11, Section 9 of the Penal Code)

A person who, through violence or threats of serious injury to the well-being of another person, prevents that person from expressing their opinion of public affairs in a meeting or other gathering arranged for that purpose, in the media, or publicly in any other manner; prevents that person from participating in a meeting, march, or other gathering relating to public affairs; from founding an association intended for the exercise of influence over public affairs; or from joining, belonging to, or being active in such an association, shall be fined for violating political freedom or sentence to a maximum of two years in prison. (Chapter 14, Section 5 (1, 2, and 3) of the Penal Code) A sentence is also envisaged for a person who forces another person to involuntarily express their opinion about public affairs at a meeting or other gathering, in the media, or publicly in any other manner; forces another person to participate in a gathering related to public affairs; or to join, belong to, or be active in an association intended for the exercise of influence over public affairs. An attempt is also punishable. (Chapter 14, Section 5 (4 and 5) of the Penal Code)

A person who, through violence or threat of violence, unlawfully prevents the arrangement of a meeting, march, or other gathering relating to public affairs shall be fined for preventing a public meeting or sentenced to a maximum of two years in prison. An attempt is also punishable. (Chapter 14, Section 6 of the Penal Code)

It is the duty of the police to safeguard the exercise of freedom of assembly. In addition, the police shall ensure that the organizer and the chairperson fulfill their duties and, where necessary, undertake measures for the maintenance of order and security in a public meeting or a public event. When performing their duties, police officers and civil protection officers shall have free access to public meetings and other public events. (Section 19 of the Law)

Where necessary, the police may, before or during an event, issue orders or instructions on the arrangement of a public meeting or a public event for the purpose of maintaining public order or security; preventing damage to health, property, or the environment or the reduction of damage to the environment; safeguarding of the rights and interests of bystanders; and ensuring the free flow of traffic. (Section 20 of the Law)

The chairperson or the organizer of a public meeting shall interrupt the meeting or order participants to disperse if continuing the meeting would cause immediate danger to the safety of people, property, or the environment. If other measures have not proven adequate, a senior police officer has the right to interrupt a public meeting or order participants to disperse in situations referred to in the previous sentence and in situations where a public meeting otherwise has been unlawfully arranged. (Section 21 of the Law)

Under certain circumstances, (referred to in Section 15 of the Law) the organizer of a public event shall cancel or interrupt the event or order participants to disperse. Under the same circumstances, the police and the people maintaining order have the right to prevent or interrupt the public event or order participants to disperse if other measures have not proven adequate. This provision applies in the same manner to a performance or other programme that is a part of the public event. (Section 22 of the Law)

Police officers shall be held responsible for exceeding legal limits on the use of force. Deaths and injuries caused by police officers shall be investigated, and the responsible officers shall face the corresponding punishment if found guilty. The Penal Code stipulates grounds for exemption from liability. When using force, recourse may be had only to measures necessary to perform the function and that can be deemed justifiable when assessed as a whole, taking into account the importance and urgency of the task, the danger of resistance, and other circumstances. If the limits on the use of force are exceeded, the offender may still be free of criminal liability if there are clear grounds to deem that the offender could not reasonably have been expected to act otherwise, taking into account his or her position and training, the importance of the function, and the suddenness of the situation. (Chapter 4, Section 6 of the Penal Code)

A provision on official accountability is contained in the Constitution. Everyone who has suffered a violation of his or her rights or sustained losses through an unlawful act or omission by a civil servant or other person performing a public task shall have the right to request that the civil servant or other person in charge of the public task be punished and that the public organization, official, or other person in charge of the public task be held liable for damages. However, there is no such right to bring charges, if, under the Constitution, the charges are to be heard by the High Court of Impeachment. (Section 118 of the Constitution)

Rights of appeal

A police decision made under the Law shall be subject to appeal.(as provided in the Act on Administrative Judicial Procedure (586/1996)) A decision made under the Law shall be enforced regardless of appeal, unless the appellate authority orders otherwise. (Section 28 of the Law)

Analysis was written with the assistance of the Permanent Mission of Finland to the OSCE, which completed the ODIHR questionnaire.

Posted in October 2006

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