Case on freedom of expression (demonstration in support of Palestine in Tallinn)

Four young people who used the slogan “From the river to the sea” during a demonstration in support of Palestine were taken away by the police, interrogated and fined under § 1511 of the Penal Code. This provision deals with the public exhibiting of a symbol relating to an act of aggression, genocide, crime against humanity or commission of a war crime in a manner that supports or justifies such acts.

Restrictions on freedom of expression are at the heart of the case. The application of § 1511 of the Penal Code outside the context of the Russian war of aggression fuels debate on how to balance freedom of expression and responsibility. The detention, interrogation and fining of young people for using the phrase “From the River to the Sea” raises questions about abuse of power, disproportionate restrictions on freedom of expression and the appropriateness of applying criminal law in this context.

The case also involves a consideration of the unconstitutionality of § 1511 of the Penal Code, given its disproportionate impact on freedom of expression. This may be a situation where the legislator has unintentionally created a provision that allows people to be punished for carelessness, without examining the grounds and proportionality of the restriction on freedom of expression.

The court case represents an important test of Estonia’s rule of law principles, particularly with regard to the protection and restriction of fundamental rights such as freedom of expression.

Clients are represented by attorney Ronald Riistan (Syndicate Legal).

Read the detailed information of the case in Estonian.

 

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