Finland rejects inquiry into Anneli Auer’s wrongful imprisonment

Finland’s Ministry of Justice will not propose a safety investigation into the case of Anneli Auer, who spent years in prison despite being innocent, Yle reports. The ministry says an investigation would be unlikely to produce significant new safety information or improve public safety.

The ministry’s senior officials decided last week not to propose that the Finnish Government launch an investigation under the Safety Investigation Act.

Auer’s defence lawyer, Markku Fredman, submitted a request to the Ministry of Justice in May. The defence wanted alleged shortcomings in the handling of the sexual offences case examined.

In a written response to Fredman, Permanent Secretary Antti Leinonen said the case involved a chain of events that developed over a long period and was connected to official procedures in criminal proceedings. He said it was difficult to identify a clear, sudden event suitable for investigation.

“The overall course of events has been addressed, and legally final decisions have been issued by independent courts in accordance with the rules governing judicial proceedings,” Leinonen wrote. He added that the corrective mechanisms of the justice system had worked and that the parties had ultimately received legal protection, although the case had unquestionably included unreasonable aspects for those involved.

Auer and her former boyfriend, Jens Ihle, spent years in prison after being convicted in 2013 of sexual and violent offences against Auer’s children. The charges were rejected by the Varsinais-Suomi District Court after a new trial concluded last April. Ihle also expressed a wish during the proceedings for an impartial investigation into the case.

Some shortcomings have been addressed

According to Auer’s defence, the alleged shortcomings concerned the actions of different authorities, medical and forensic psychological evidence and its assessment, as well as the openness of the pre-trial investigation and court proceedings.

Leinonen said most of the alleged shortcomings resulted not from legislation but from its application, which had been perceived as unsuccessful. He also said that legislation, cooperation between authorities and methods related to criminal investigations and proceedings had developed significantly over the years, meaning that some of the shortcomings identified in the request had already been addressed.

The Ministry of Justice nevertheless considers it important that the alleged shortcomings be reviewed and that their recurrence be prevented as effectively as possible. Leinonen said he had forwarded the request to the Ministry of the Interior, the Ministry of Social Affairs and Health and several authorities for review.

Fredman told Yle that Auer’s defence was considering whether further action might be warranted.

Under Finland’s Safety Investigation Act, an exceptional event is an extremely serious incident that has caused death or threatened or seriously damaged society’s basic functions. Such investigations examine the course of events, their causes and consequences, and the actions of authorities, with the aim of preventing similar incidents. The Finnish Government decides whether to launch an investigation.