On 5 November 2023, a demonstration in support of Palestine took place in Tallinn. The police apprehended five individuals, some of whom held posters with the phrase “From the river to the sea” and some of whom expressed the same phrase verbally. They were fined by the police. The Estonian Human Rights Centre is going to court to protect freedom of expression.

“Freedom of expression is a fundamental human right. It serves the interests of public discourse, enables a free and independent press, supports an informed citizenry, and ensures transparent functioning of the state. Freedom of expression is the cornerstone of a democratic society,” stated Katrin Nyman-Metcalf, Chairperson of the Estonian Human Rights Centre’s Council.

The young people participating in the demonstration exercised their constitutional right to freedom of expression. They explicitly stated that they do not support terrorism or Hamas’s brutal attacks against Israeli civilians. Their participation in the protest was motivated by their desire to advocate for a peaceful world. Nevertheless, the police detained them and imposed fines because they had used the phrase “From the river to the sea” to express their views.

In Europe, the phrase in question has been interpreted very differently. For instance, the Finnish police recently decided not to initiate proceedings in a similar case, stating that the slogan in question cannot be interpreted unambiguously from the perspective of criminal law, nor can it be given an unequivocal meaning.

“Before the demonstration in support of Palestine, there was no substantive debate in Estonia about whether the phrase ‘From the river to the sea’ should be allowed or prohibited,” explained Kelly Grossthal, Head of Strategic Litigation at the centre. “Freedom of expression is not unlimited, and the interests of others, public order, and security must always be taken into account, but punishment by the state must be very clearly necessary. We are helping four young persons to bring legal clarity to this situation in Estonia.”

We ask the court to declare Penal Code § 151¹ unconstitutional and, consequently, invalid. The provision is intended to punish individuals who intentionally support and justify international crimes. However, at present, it allows the punishment of those who have committed an offence inadvertently.

The centre is representing four fined individuals who took part in the demonstration in collaboration with attorney-at-law Ronald Riistan. To cover legal costs, we invite everyone who values standing up for freedom of speech in Estonia to donate.