On September 25, the Criminal Chamber of the Supreme Court decided to hear the appeal of Leore Lisann Klõšeiko, meaning that the dispute over the permissibility of using the phrase “From the River to the Sea” will continue in the Supreme Court. The Estonian Human Rights Centre and Leore’s attorney, Ronald Riistan from Syndicate Legal, welcome this decision by Estonia’s highest court.

While there is currently a passionate and substantive debate in Estonian society about both the permissibility of the phrase “From the River to the Sea” and the broader political and military situation in the Middle East, until the autumn of 2023, no public discussion of this phrase had taken place in Estonia. It is safe to say that the majority of Estonians were unaware of its exact background and context.

According to Egert Rünne, Director of the Estonian Human Rights Centre, freedom of expression is a value that deserves thorough consideration at the highest level, which is why the Centre is pleased that the Supreme Court took up the case. “The detention, interrogation, and fining of people who unknowingly used the phrase was an abuse of power and excessive state interference in freedom of expression. Any state-imposed punishment must be clearly foreseeable. When even the police officer who issued the fines admitted in court that he had only learned of the phrase’s prohibition on the day of the protest, it was impossible for those attending the protest to foresee the police’s reaction or the fines they would receive,” Rünne explained, shedding light on the reasons for pursuing and supporting the legal challenge.

“Although the state has the right—and in some cases, even the obligation—to limit freedom of expression, it must do so only when the prohibition of certain words and symbols is clearly understood in society or when it constitutes illegal hate speech. Even then, the limitations must have very clear boundaries so as not to overly sacrifice freedom of expression,” explained Kelly Grossthal, Head of Strategic Litigation at EHRC, addressing the issue of restricting freedom of expression.

On November 5, 2023, a protest titled “Solidarity with Palestine” was held at Freedom Square in Tallinn. The police removed and interrogated five people, some of whom were holding signs or saying the phrase “From the River to the Sea.” All of these individuals were fined by the Police and Border Guard Board under § 151 prim of the Penal Code, which addresses the public display of symbols associated with acts of aggression, genocide, crimes against humanity, or war crimes in a supportive or justifying manner. The state also applied § 151 prim of the Penal Code outside the context of Russia’s war of aggression for the first time in these cases. This provision, adopted in 2022, was intended to ensure an appropriate criminal response to participation in aggression and related hostile acts in the context of Russia’s attack on Ukraine’s sovereignty and territorial integrity.

The case is being funded by donations to the EHRC. A heartfelt thanks to all of you!