"Both a representative of the police (Üllar Kütt, head of the West Prefecture – ed.) and Minister of the Interior Lauri Läänemets (SDE) were mistaken when talking about symbols of aggression and the Lihula Monument on "Aktuaalne kaamera." As I was involved in the law's drafting, I know that the Penal Code does not prescribe an outright ban on such symbols," Ginter said.

The lawyer quoted what Läänemets told ERR in a recent interview: "Yes, the police notified us of their intent, based on the law Estonia passed after full-scale war boke out in Ukraine – as concerns the use of occupation-related symbols in public spaces and a relevant ban."

Ginter zeroed in on the words of Üllar Kütt, according to which "all manner of public display of aggressor states' symbols is prohibited."

The sworn attorney said that these claims do not match what is written in the law.

According to the Penal Code, simply moving such a symbol to a public location is not enough to make it punishable. For the elements of an offense to come together, this needs to be done in a way that "supports or justifies these acts."

Ginter suggested that it remains unclear based on what the police concluded that the symbol was used in a way that endorsed aggression.

"Owning and transporting such symbols is entirely legal. I could have a ton of swastikas or five-pointed stars in my car. It seems the courier was quite neutrally just transporting the symbol. This also means there is no need for an expert analysis of the symbol, as no violation of the law has taken place."

The Lihula Monument displays a soldier wearing a Wehrmacht uniform and the original monument's dedication included those who served in the Finnish Infantry Regiment 200, the Wehrmacht and particularly the Waffen SS. No Nazi or SS symbolism appears on the monument.

Carri Ginter said that Estonia should take care when implementing such new provisions. "Otherwise, we'll soon lose our freedom. Properly regulating hate speech is still to come," he wrote.

Penal Code

§ 151¹. Supporting and Justifying International Crimes

(1) Publicly displaying a symbol associated with the commission of an act of aggression, genocide, crimes against humanity or war crimes in a manner that supports or justifies these acts shall be punishable by a fine of up to 300 fine units or by detention.

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