Supreme Court overturns ruling in Kreile case over glorification of Russian and Soviet crimes

The Criminal Cases Department of the Senate of Latvia's Supreme Court has overturned a Riga Regional Court decision in the case of pro-Kremlin activist Jelena Kreile. The case has been returned to the appeal court for a fresh hearing, the Supreme Court told Delfi.

The charges

Kreile was charged with publicly glorifying and justifying Russia's crimes against peace and war crimes in Ukraine, as well as the genocide, crimes against humanity, crimes against peace and war crimes committed by the USSR in Latvia. According to the charges, she displayed installations with Russian and Soviet symbols in the windows of her home. These included Russian flags bearing the words "Putin is my friend" and "God protect Latvia", objects arranged in the colours of the flag, and a photograph of people in Red Army uniforms.

The Riga City Court found her guilty and sentenced her to three years in prison. The prosecutor had requested three years and six months. The Riga Regional Court left the verdict unchanged on appeal, after which her defence lawyer filed a cassation appeal. Kreile does not admit guilt.

The Senate's reasoning

The Senate agreed that the Russian and Soviet regimes committed crimes whose glorification is banned by the Criminal Law. However, it held that the court had not properly substantiated its conclusion that the defendant's messages were aimed directly at justifying those crimes. Because the installations did not directly glorify or justify them, the court was required to demonstrate with particular care that this had been done covertly and with exactly that meaning.

The Senate noted that, although in the current geopolitical situation using such symbols may be perceived as support for crimes committed, general support for a state or its leader does not automatically mean a positive assessment of everything it or he does. The symbols have several meanings recognised by society, and the lower courts did not refute the defendant's alternative explanations.

What must be reassessed

In the repeat proceedings, the appeal court must assess whether Kreile used freedom of expression contrary to the aims set out in the Satversme (Latvia's constitution) and the European Convention on Human Rights. It must also determine as precisely as possible what message she intended to convey through her actions.