Lithuanian Court of Appeal Convicts Remigijus Žemaitaitis of Antisemitic Hate Speech

Court of Appeal Ruling and Increased Penalties

The Lithuanian Court of Appeal delivered a decisive ruling this Wednesday, finding the leader of the “Nemuno aušra” party guilty of criminal conduct. Presiding judge Vitalija Norkūnaitė stated that the politician had engaged in a continuous criminal act by systematically disparaging the Holocaust and promoting hatred against a group based on their Jewish nationality. The court’s panel concluded that the lower instance court had made errors in establishing legally significant facts, resulting in a penalty that was clearly too lenient and did not correspond to the severity of the committed acts.

While the initial proceedings at the Vilnius Regional Court last December resulted in a 5 000-euro fine, the appellate panel ruled that the district court had failed to properly individualize the size of the punishment. Although the new 10 000-euro fine represents a doubling of the original penalty, it remains significantly lower than the fine sought by prosecutor Justas Laucius. The court explicitly noted that the evidence presented in the case left no doubt that Žemaitaitis, as a professional politician, had overstepped the boundaries of lawful expression.

Legal Basis for the Conviction

The conviction stems from a series of social media posts and public statements made by Žemaitaitis in May and June 2023. The judiciary determined that the politician had systematically distorted historical facts, used insulting labels, and employed dehumanizing metaphors. Specifically, the court highlighted that Žemaitaitis had compared the Holocaust to Soviet crimes and referred to individuals of Jewish nationality as a “subspecies,” which the court characterized as a gross, offensive, and criminal disparagement of the Holocaust.

The court further concluded that Žemaitaitis had purposefully created ethnic discord and confrontation between Lithuanians and other communities by accusing Jews of being responsible for the historical destruction of the Lithuanian nation. Judge Norkūnaitė emphasized that the defendant’s legal status as a Seimas member imposed a duty to use the freedom of information and expression with extreme responsibility. Because he failed to do so, the court found he had systematically mocked, disparaged, and incited hatred against a group of people due to their Jewish identity.

Political Fallout and Future Proceedings

Žemaitaitis did not attend the hearing to listen to the judgment. Following the ruling, he stated that the court’s decision was “political” rather than based on legal logic or an investigation of evidence. He claimed that the Court of Appeal had decided on its stance during the first hearing. Despite the conviction, the politician confirmed he does not intend to renounce his Seimas mandate. He has declared his intention to appeal the decision to the Supreme Court of Lithuania.

The political consequences are already manifesting within the legislature. Viktoras Fiodorovas, chairman of the parliamentary Ethics and Procedures Commission, confirmed that an impeachment process will be initiated against the politician. Žemaitaitis expressed hope that the Seimas would wait for the Supreme Court’s final decision before taking action, noting that in the cases of Petras Gražulis and Vytautas Gapšys, the parliament waited for the final court rulings. He suggested that if the Seimas proceeds with impeachment now, it would be evidence of a desire to “settle scores” with him and his party, warning that such actions could lead to early elections.

This legal battle follows prior constitutional scrutiny. The Constitutional Court previously recognized that Žemaitaitis had broken his Seimas member’s oath and grossly violated the Constitution through his rhetoric. Following that ruling, he resigned his mandate, only to be re-elected to the parliament during the 2024 Seimas elections.

Sources: LRT, Respublika.