YK:n lapsen oikeuksien komitea antoi Suomelle langettavan päätöksen Al-Holin leirin suomalaislasten ihmisoikeuksien loukkaamisesta

Views adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 100/2019

1.1 The authors of the communication are: P.N., acting on behalf of her niece S.N. (2017);1 K.K., acting on behalf of her grandchildren Mh. (2017) and Mu. (2016); and O.M., acting on behalf of her grandchildren S. (2017), K. (2014) and J. (2013). The authors are nationals of Finland. They submit the present communication on behalf of the children mentioned above, also of Finish nationality, as well as on behalf of some other 33 Finnish children who are held in the Al-Hol camp and have no access to legal aid or to legal information that would enable them to submit a communication. The parents of the child victims are alleged to have collaborated with Da’esh. The child victims were born in the Syrian Arab Republic, and are currently being held in the Al-Hol camp in the north-east of the country, which is under the control of the Syrian Democratic Forces. The authors claim that the State party has not taken the measures necessary to repatriate the child victims to Finland and that this failure to act constitutes a violation of articles 2, 6, 19, 20, 24, 27, 28, 37, 39 and 40 of the Convention, as well as of article 7 of its Optional Protocol on the involvement of children in armed conflict. The authors are represented by counsel. The Optional Protocol on a communications procedure entered into force for the State party on 12 February 2016.

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11.6 As regards the authors’ claims under article 37 of the Convention, the Committee considers that there is sufficient evidence to establish that the prolonged detention of the child victims in the conditions described, including in particular the lack of health care, food, water, sanitation facilities and education, constitutes cruel, inhuman or degrading treatment or punishment, in violation of article 37 (a) of the Convention.

11.7 Given that the State party is aware of the prolonged detention of these Finnish children in a life–threatening situation and is capable of taking action, the Committee considers that the State party has a positive obligation to protect these children from an imminent risk of violation of their right to life and an actual violation of their right not to be subjected to cruel, inhuman or degrading treatment.

11.8 In the light of the foregoing and in the particular circumstances of the present case, the Committee concludes that the State party’s failure to protect the child victims constitutes a violation of their rights under article 37 (a) of the Convention and that the State party’s failure to protect the child victims from an imminent and foreseeable threat to their lives constitutes a violation of article 6 (1) of the Convention.

Valittajien asiamiehenä on toiminut Helsingin yliopiston oikeustieteellisen tiedekunnan dekaani Johanna Niemi.

https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/FIN/CRC_C_91_D_100_2019_34461_E.pdf