The Court of Appeal in Helsinki has issued a verdict on suspected crimes related to a march through the capital on Independence Day in December 2018 under the slogan "Kohti Vapautta" ("Towards Freedom").
Five men who participated in the procession were accused of inciting against an ethnic group. Three of them carried swastika flags at the head of the procession while the fourth marched with the procession and assisted with the flag carrying. The fifth man was the organiser of the demonstration, who also participated in the march.
Police ordered demonstrators to drop the flags as soon as they were unfurled, then confiscated the flags about 20 minutes after the procession left Kaisaniemenranta towards the Hakaniemi district.
Authorities halted the procession and seized the flags on the historic Pitkäsilta bridge between the two districts. At the same time, the police detained four marchers who resisted handing over the flags.
The police decided that carrying the flags could have provoked an already tense atmosphere and posed a risk to public safety.
According to the indictment, four of the men objected to handing over the flags to the police and were thus also guilty of resisting an official.
Appeals court imposed fines
Overturning a lower court ruling, the Court of Appeal found that the men who carried the flags in the procession or participated in the decision-making regarding the use of the flags and the procession were guilty of incitement against an ethnic group. The men carrying swastika flags were also found guilty of resisting an official.
The Court of Appeal sentenced the men to 50 day-fines, except for one flag bearer. He was sentenced to a 75 day-fines, because he was also found guilty of incitement by making a racist speech near the Merilahti comprehensive school in eastern Helsinki earlier that year.
According to the daily Helsingin Sanomat, a majority of the school's pupils speak native languages other than Finnish.
Court: Swastika flag sent a clear message
The court ruled that the men had acted in the procession as representatives of the banned far-right Nordic Resistance Movement (known in Finland as PVL). One of the accused had served as the chair of the PVL's Finnish branch.
"The timing of the demonstration and the placement of the swastika flag at the head of the procession, which was strongly linked to PVL, gave a strong message that the swastika flag and the symbolic values it represented were used to express and strengthen the so-called racial doctrine and goals represented by PVL, as well as the anti-immigration message verbally uttered in the demonstration," the court declared.
Use of swastika flag "not protected" by freedom of speech
This verdict marked the first time that an appeals court took a stand on the use of the Nazi flag based on the Criminal Code. The swastika flag is not banned per se in Finland.
According to its judgment, "the swastika flag of Nazi Germany encapsulates the whole idea of National Socialism with its atrocities, and the unspoken message represented by the flag is very powerful and much stronger than, for example, the message of individual slogans."
According to the court, such dissemination of an opinion or message does not enjoy the protection of freedom of speech.
"The demonstrators' freedom of speech had only been compromised by taking away the swastika flags, which clearly affected the general security situation. After this, the procession was free to continue marching and shouting political slogans. Their freedom of speech had thus not been compromised more than was necessary. Their freedom of assembly had not been violated at all," it declared.
The court held that police were justified in ordering those carrying the flags to hand them over.
In a separate trial, the Court of Appeal will consider whether the "Towards Freedom" movement constitutes a continuation of the activities of PVL, which was outlawed by the Helsinki District Court in late 2022.
Case may proceed to Supreme Court
The prosecutor had also sought a tougher punishment for the man who made the racist speech near the school and for a woman who streamed the speech online.
In August 2021, Helsinki District Court fined them for inciting against an ethnic group. However, the Court of Appeal did not change the judgment in these respects.
Lari Ruokamo, the lawyer of the man considered to be the organiser of the procession, said that his client will very likely apply for permission to appeal the main case to the Supreme Court.
