When a shop surveillance camera detects a customer trying to steal beer or running shoes, a guard quickly intervenes.
“The guard identifies himself and asks the customer to open their bags. Usually at this stage both parties step aside as rarely does someone wish to openly remove their belongings. A long wait often ensues after the police are informed,” says Harri Jonkka, Chair of the Union of Finnish Security Service Personnel.
During this waiting process, the guard is away from his work. However, he does not possess the right to place a suspect under lock and key but must await the arrival of police officers.
According to the supervision unit of the National Police Board, which has responsibility for the security sector, illegal detention is common practice.
“Monitoring by the Board has revealed some cases of excess,” says Police Chief Inspector Marko Rahikainen. He adds that supervision has been stepped up and that cases of excess tend to be exceptional.
Cell-like rooms constructed in many shopping malls and large stores do, however, pose a specific problem.
“The use of such rooms to detain people is illegal,” Rahikainen states.
Ombudsman on the case
The Parliamentary Ombudsman has initiated an investigation on the issue with the purpose of ascertaining how many private cell-like rooms exist, how often they are used and whether the police are aware of their use. According to the Ombudsman, detention cells are common place in shopping malls.
“This is a case of intervening in an individual’s personal freedom. On the other hand, it is a matter of what public functions can be transferred to the private sector,” says Juha Haapamäki, a senior official at the Office of the Parliamentary Ombudsman. He adds that giving private security guards the right to detain a person would require a change to current legislation. So far, the Parliamentary Constitutional Law Committee has taken a tough stance with regard to such detention.
In the view of the Union of Finnish Security Service Personnel, the rights of guards are too limited for the work they carry out. They are demanding the right for their members to detain suspects for a short period.
“Some suspects can be aggressive when apprehended. For this reason, a change in the law is needed to protect the security of guards," Union Chair Jonkka says.