Today, the Supreme Court acquitted Leore Lisann Klõšeiko, who protested in 2023 at Vabaduse Square against the deaths of Palestinian civilians. According to the Supreme Court, the phrase “from the river to the sea” was not understandable to the average Estonian as a statement supporting a terrorist organization at the time of the protest. The Estonian Human Rights Centre and Klõšeiko’s attorney, sworn advocate Ronald Riistan from Syndicate Legal, welcome the decision of Estonia’s highest court.
“In a world where institutions protecting human rights are under severe attack, the Supreme Court’s decision sends a clear signal that the rule of law can still be defended at the highest level in Estonia,” said Egert Rünne, director of the Estonian Human Rights Centre. “A record number of donors showed that Estonians believe in human rights and support our daily work.”
According to the Supreme Court’s ruling, the support or justification of an international crime—such as an act of aggression, genocide, a crime against humanity, or a war crime—is punishable only when a symbol is displayed in a way that is unequivocally understandable to the average Estonian at the time of display and has the potential to divide society, cause danger, or inflict harm.
“The most significant part of the decision is the Supreme Court’s guidance on when the state can restrict a person’s freedom of expression: only when the meaning of a symbol is unequivocally clear to the average person and its use has the potential to divide society or cause danger or harm. This ruling reaffirms a fundamental principle of free expression in our legal system—before prohibiting the use of an expression or symbol, the authorities must ensure that it is socially significant and dangerous rather than acting based solely on personal opinions,” explained sworn advocate Riistan.
From the perspective of EHRC, Klõšeiko’s case was a strategic lawsuit centered on freedom of expression in Estonia. Since freedom of expression plays a crucial role in the functioning of a democratic society, any restrictions must be clear, necessary, and proportionate.
“We are pleased that the Supreme Court has taken a stance that upholds human rights in the defense of freedom of expression,” said Kelly Grossthal, head of strategic litigation at EHRC. “Freedom of expression is a fundamental human rights value. Its restrictions must be necessary, proportionate, and understandable to Estonian society. In this case, the state clearly overstepped its power, setting a dangerous precedent where no one could be certain what they might be punished for in the future.”
EHRC’s strategic litigation cases are funded by donors. A heartfelt thank you to all supporters, donors, and those who followed the case!
Read the Supreme Court’s ruling (in Estonian)
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