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HUMAN RIGHTS OF FINLAND

Because we have a dream, Justice and Human Rights...

 

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Elected Judge Under False Pretences

 

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Falsified Information in Application of Newly Appointed Human Rights Judge

State Prosecutor Päivi Hirvelä was elected in June to represent Finland on the bench  of the European Court of Human Rights. Already at the nomination stage, experts were astonished due to the fact that her career has never appertained to issues of Human Rights.

In her application, Hirvelä claims to having had nine-years experience as a judge. This is not so. According to her curriculum vitae, Hirvelä has worked as a judge in thirty-two short periods which amount to two years two months and three weeks - only slightly more than the requisite of one year sitting as a judge in order to qualify for  title Master of Law.

Hirvelä’s longest working relationship (1990-1996) has been as a public prosecutor  for the City of Lahti. From February 1999  Hirvelä worked as State Prosecutor, two years of which she has taken a leave of absence. In the 1980s she was employed as a referendary for Koivula Court of Appeal and worked for various stints for a period of slightly less than eight years.

Hirvelä’s 1997 -published dissertation on the child in the criminal process is her greatest merit. This, her only publication,should have become a docotoral thesis but thus far is incomplete.

Finland presented three candidates from which the  Council of Europe chose one. Hirvelä received 78 votes, Supreme Court Judge Gustaf Möller 55 and  Åbo Akademi University’s Martin Scheinin 11 votes.

Of those put forward, the candidate with the most extensive experience as a judge was Möller who is our most nationally renowned lawyer?????  Professor Scheinin is Finland’s most qualified human rights lawyer i.e. his competence is precisely in the field of the European Court of Human Rights. Compared to Hirvelä, Möller and Scheinin were undoubtably far superior candidates.

In all, 8 lawyers applied for the post of judge at the European Court of Human Rights.

A list of the three proposed candidates was put forward by Irma Ertman – Director General of the Legal Department for the Foreign Ministry Kirsti Rissanen the Chief of Staff for the Ministry of Justice, Paavo Nikola Chancellor of Justice of the Council of State, Pekka Hallberg the President of the Supreme Administrative Court and Pauliine Koskelo the President of the KKO. The matter was decided by Erkki Tuomioja the Foreign Minister.

 

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21 February 2006


CURRICULUM VITAE


Family name         Hirvelä
First names            Päivi Maarit
Sex                           Female
Date of birth         10 December 1954
Place of birth         
Rovaniemi, Finland
Nationality             Finnish
Title                           State Prosecutor
Organisation         Office of the Prosecutor General


Education and academic qualifications


Licentiate of Laws, University of Helsinki, Finland, 1997 Court training, District Court of Lapland, 1980 Master of Laws, University of Helsinki, Finland, 1980, Matriculation examination at Rovaniemi High School, Finland, 1975


Relevant professional activities


Judicial activities International positions held:

Lawyer, the European Court of Human Rights (18 June – 31 December 2001, on leave from the Office of the Prosecutor General)
Exchange prosecutor in Sweden (1 April – 30 June 1999, on leave from the Office of the Prosecutor General)

 

Doc. 10942                                                                                                     2.


Domestic positions held:

 

Judge for a total of 9 years, prosecutor for 16 years State Prosecutor, Office of The Prosecutor General (1 February 1999 - )

District Prosecutor, Lahti Prosecutor’s Office (1 September 1990 – 31 January 1999)

Assistant Judge of the Court of Appeal, Kouvola Court of Appeal (1 August 1982 –  31 August 1990)

Referendary, Office of the Parliamentary Ombudsman (14 September 1998 – 31 January 1999, ancillary job)

District Judge, Lahti District Court (1 October 1994 – 31 December 1995, on leave from    the District Prosecutor’s Office)

District Judge, Orimattila District Court (1 February – 31 May 1990, on leave from the Court of Appeal)

District Prosecutor, Lahti Prosecutor’s Office (1 January 1986 – 4 April 1988, on leave from the Court of Appeal)

District Judge, Lahti District Court (1982 - 1986 many periods, ancillary job)

Legal Aid Counsel in Lahti (1 June – 31 August 1982)

Legal Aid Counsel in Sodankylä (12 November 1981 – 28 February 1982)

Rural Police Chief, Kolari Police District (22 May – 21 June 1980)

b. Non-judicial legal activities

Assistant in Criminal and Procedural Law, University of Helsinki, Faculty of Law

(1 July 1996 – 31 March 1997, on leave from the District Prosecutor’s Office)

Researcher, University of Helsinki (1 January – 30 June 1996, on leave from the District    Prosecutor’s Office)

Research Assistant, The National Research Institute of Legal Policy (28 August – 21 November 1980)

Activities and experience in the field of human rights

Public office

Member of a working group set up by the Ministry of Social Affairs and Health tasked with regulations concerning the Mental Health Act: those concerning criminal patients in the Penal Code (2005 – 2006).

Board member of the National Research Institute of Legal Policy 2004 -

Member of a working group set up by the Ministry of Justice tasked, based on international obligations, with preparing penal provisions in respect of trafficking in human beings, the sexual abuse of children, child pornography and illegal immigration (2002 – 2003).

Member of an expert working group set up by the Ministry of Social Affairs and Health to develop the practice to uncover offences against children (2001 – 2003). Member of a working group set up by the Ministry of Justice tasked with assessing the use of video hearings in courts of law in the case of intimidated witnesses (2003).


Doc. 10942                                                                                                   3.

 

Member of a working group that focused on the arrangement of prosecutors’ basic training (2000 –2001).

Member of the crime prevention committee set up by the Ministry of Justice (1999 –2002).

Member of a working group tasked with the revision of the legislation on the execution of sentences to social service and the tasks of Probation Services (1998 – 1999).

Teaching work in the field of criminal procedure for prosecutors and other government organisations.


Publications

A book ISBN 951-670-003-9: A Child in Criminal Proceedings

An article, the Journal of the Finnish Lawyers’ Association, vol. 95, 1997 number 7: A Child in Criminal Proceedings – Evidence Problems in Incest Cases

Currently in the process of writing my doctoral thesis with the title: Criminal Process in Sexual Crimes against Children. The Actualization of The Human and Basic Rights of a Child’s Integrity in a Legal Process”. Opponents assigned for doctoral thesis on 23 February 2006.

I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.

 
Helsinki 21.2.2006

 

                                                (Signed)
                                             Päivi
Hirvelä

 

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Copyright © Hannu Kukkonen
 Update;         16-07-2007 19:00