On 5 November 2023, a demonstration was held in Tallinn’s Freedom Square to protest the killing of Palestinian civilians. After the protest, four young participants turned to the Estonian Human Rights Centre (EHRC) for help, having been fined by the Police and Border Guard Board for using the phrase “from the river to the sea.” EHCR supported their legal challenge, viewing the fines as a threat to freedom of expression in Estonia. Courts had already acquitted three of the young people in earlier proceedings. The ruling concerning the fourth participant was also positive and entered into legal force this week. With all rulings now final, the long legal journey has come to an end.

Freedom of expression is a core human right and vital to a democratic society. Any restrictions must therefore be necessary, proportionate, and clearly justified. Penalising four young people for using a phrase that was then little known in Estonia, and which has no single, universally accepted meaning, did not meet those standards.

“The case was special for us because it combined financial risks with wide public resonance,” said Egert Rünne, Director of EHCR. “The unprecedented donations from our supporters and allies give us the confidence to keep making choices that help ensure everyone’s human rights are protected in Estonia.”

For EHRC, this was a strategic case aimed at clarifying the boundaries of free expression in Estonia. After nearly two years in court, the outcome was positive: all four young people were acquitted at different levels of the judiciary, with the Supreme Court twice confirming arguments that strengthen both free speech and the rule of law.

“At a time when politicians in many countries are undermining the rule of law, Estonia has reason to be proud,” said Kelly Grossthal, Head of Strategic Litigation at EHRC. “This case showed the risks of rushing to ban or fine certain expressions. Fines always have a chilling effect, and we must ask ourselves: do we want an Estonia where people cannot protest against the killing of civilians?”

Over the past six years, EHRC has pursued 17 strategic cases, each contributing both to individual protection and to a stronger, rights-based legal order in Estonia. “We are grateful to attorney-at-law Ronald Riistan of Syndicate Legal for his dedicated work, and we encourage all lawyers committed to human rights and democracy to work with us,” Grossthal added.