Roma couple declared guilty by Finland's Iltasanomat -- until proven innocent

Presumption of innocence is a fundamental right of accused persons recognized in many European nations. The principle demands that persons accused of crimes are innocent until proven guilty. This right applies to the European majority population, but in cases involving Roma - Europe's most discriminated minority group - the presumption of innocence is shelved by the media and the court of public opinion.

News of a child found in a Roma camp in Greece in the custody of a Roma couple took the media by storm. Major international news outlets had catchy headlines about a blonde, blue-eyed "mystery girl" found in a Roma camp. Meanwhile Iltäsanomat in Finland came up with a more dramatic headline that declared the Roma couple guilty of kidnapping before they were charged.

News outlets like Huffington Post and Daily Mail used words like "abducted" and "kidnapped" in quotes -- thereby showing uncertainty. But Iltasanomat appeared convinced that the girl was kidnapped.

The Roma are Europe's most discriminated minority group and they face segregation, intolerance and violence in many European countries. Unlike the majority of Europe's population, they are stigmatized and are usually condemned by the media and the court of public opinion before full investigation of alleged crimes.

In my opinion, Iltasanomat's headline (see above screenshot) reflects prejudice and discrimination against the Roma. The tabloid, pending the outcome of investigation into the case, described the girl as kidnapped -- thereby indirectly declaring the Roma couple involved guilty -- in violation of the couple's right to presumption of innocence: a fundamental civil right laid down in article 48 of the EU Charter of Fundamental Rights and article 6(2) of the European Convention on Human Rights.

Irrespective of the seriousness of the alleged crime, I believe the Roma couple involved reserve the right to be presumed innocent until proven guilty. Their lawyer said they adopted the child from her biological mother - although the adoption, according to the lawyer, was "non-legal". The couple have been charged with abduction and document fraud. The public and media should wait for the outcome of the investigation and legal proceedings. A Bulgarian woman said she left a child with a family in Greece years ago. Conclusions should not be arrived at simply because the accused are Roma. More importantly, the "blonde angel" case should not have a knock-on effect against Roma across Europe.

Members of the Roma community and human rights advocates (including me) fear witch hunt against the minority group across Europe as a result of the Greece case. A Finnish journalist questioned, in a widely read and recommended opinion piece (in Finnish), whether or not the response by the media and authorities, including Interpol would have been the same if the child found in the Roma camp was not blonde and blue-eyed.

Personally, I welcome the outcry and coordinated international cooperation to find the biological parents of the child found in Greece. However, response by the media and authorities should be the same in every case -- irrespective of how victims or suspects look like. There should be no double standards.

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Was appointment of Finland's Ombudsman for Minorities discriminatory?

Discrimination against dark-skinned people and perceived foreign nationals in Finland was thrust into the limelight by a groundbreaking documentary by Yle's Eyewitness (Silminnäkijä) TV programme which sparked a police investigation filed by Eva Biaudet, Finland's Ombudsman for Minorities -- whose appointment in May 2010 was surrounded by controversy and allegations of discrimination against rival applicants.

Following the broadcast of Undercover Immigrant TV documentary which documented and revealed flagrant incidents of discrimination in Finland, and the request for police investigation into the incidents lodged by the Ombudsman for Minorities, Iltalehti started a discussion in its online discussion forum about discrimination in Finland. The tabloid asked readers in the forum if they have noticed ethnic discrimination in Finland.

The first response was in the affirmative. According to an anonymous visitor there was ethnic discrimination in the selection process of the Ombudsman for Minorities -- in which a "weaker candidate", Eva Biaudet, was selected over a more qualified candidate of Kurdish origin.

Another commenter suggested that before an investigation into the findings of Yle, there should be an investigation into whether Eva Biaudet is entitled to demand an investigation.

According to Helsingin Sanomat, Eva Biaudet was named Ombudsman through special dispensation -- despite the fact that she did not have a Masters degree which is normally required for the position. A rival applicant, Husein Muhammed, met the requirements for the job but was not appointed.

In my opinion, it is plausible to conclude - especially after watching the Undercover Immigrant documentary - that the appointment of Eva Biaudet was discriminatory -- or at least a blatant show of favoritism. She did not meet the job requirement and in my view there was no need for her to be granted "special dispensation" when there were other qualified candidates. Special consideration would have been appropriate only if there were no other qualified applicants, but there were reportedly 31 applicants, 29 of whom had the required academic qualification; 5 were invited for an interview.

Personally, I think Biaudet does a good job protecting ethnic minorities in Finland from discrimination. I also think as Finland's Special Rapporteur on Human Trafficking her office does a remarkable job in the fight against human trafficking in Finland. But I share the view that her appointment was questionable. Regardless, I applaud Eva Biaudet's prompt response to the revelation by Yle. Without delay, she requested an investigation into incidents of blatant discrimination well-documented by Eyewitness. The programme revealed that skin color makes a difference in Finland in the job market, in the search for housing and in nightclub queues. Employers outrightly favor Finnish job applicants over immigrants or perceived foreigners.

It remains to be seen whether or not the employers, bars and nightclubs caught red-handed in the act of ethnic discrimination would be brought to justice. Mindful of the fact that Finland ratified the International Convention on the Elimination of All Forms of Racial Discrimination way back in July 1970, the country has a long-standing obligation under international and national law to protect all persons within its borders from the sort of incidents documented by Yle.

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Skin color matters in Finland, Yle hidden camera shows

Dark-skinned people in Finland struggle with discrimination on a daily basis. On week days many struggle in vain to find work related to their studies -- or even unpaid internships. Some of those who have given up seeking skilled jobs are sometimes mistreated, disrespected and exploited in odd jobs for which they are overqualified. On weekends many who go out to nightclubs and bars suffer indignities and rejection in the hands of doormen and security guards.

A Yle TV programme scheduled to air on 17 October 2013 at 8 PM (GMT+2) on Yle TV2 uncovers discrimination in everyday life in Finland. According to the programme, skin color makes a difference in Finland when looking for accommodation, in the job market and in nightclub queues.

Yle sent out three men - a native-born Finn, an immigrant from Russia and one Somali - to find out how discrimination targets immigrants in everyday life in Finland. According to Yle, all three young men have lived in the country for a long time and speak the local language well, all three had the same cover story related to work experience, income and education. All three applied for a job, applied for accommodation and tried to get into a nightclub under the same conditions.

The programme reveals that at a nightclub, the Somali was denied access by the doorman, while one of the white test team members was let in. At another nightclub the Somali and the Russian immigrant were denied access on grounds that their Finnish driving licences presented as identification were insufficient. The Finnish team member was let in with only a driving licence. The three young men sought the same ten jobs. The native-born Finn was invited to two interviews, the Russian was invited to two and the Somalian was invited to none. A search for rental accommodation also left the Somalian discriminated.

According to the journalist behind the programme, the experiment recorded "clear evidence of discrimination". The journalist - described by Yle as a "white-skinned Englishman" - was shocked by the results of the experiment.

Personally, I am not shocked by the findings. As a person of African descent who has lived in Finland for over four years, I have faced my share of discrimination. For instance, a couple of years ago, a group of friends and I were denied entry into a nightclub in Helsinki. Of course we thought it was discriminatory and refused to leave the queue. The doorman said he would call the police if don't leave. Believing that the police won't allow discrimination, we implored the doorman to call. The police came and told us - to our surprise and disappointment - that doormen have the right to deny us entry. They suggested that we should find another club. I've also been denied access to a nightclub on grounds that I didn't have a [winter] jacket.

In another shocking incident which I experienced first-hand, a young man of Somali origin came out of a nightclub for a smoke. The doormen denied him access when he tried to return. When he insisted they restrained him on the ground and called the police. One of the guards had a knee on the Somali's head against concrete. When the police came, the Somali was handcuffed and taken into the police van.

In my view, the TV programme by Yle uncovers the plight of the average dark-skinned person in Finland. While it may shock some viewers, I am convinced that dark-skinned people who have lived in the country long enough will relate to the experience of the Somali in the programme and will not be surprised by the abysmal discrimination.

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