The fight for identity: Dr Jarosław Wołkonowski on his fight for the original spelling of his surname and received threats

The Internet as a space for communication often becomes an arena, where extreme opinions and hateful statements are expressed. Hate speech, especially in the digital space, can have serious consequences, not only in the social, but also legal sphere. An example of this is the case of Mr Jarosław Wołkonowski, a Pole from Lithuania, who found himself at the center of a very emotive trial concerning a post published by a Lithuanian lawyer.

The case began in December 2023, when Lithuanian lawyer Adolfas Remeikis published a post on Facebook in which he attacked Mr Jarosław Wołkonowski and his family, questioning their right to live in Lithuania. These statements were a reaction to the ruling of the Constitutional Court of Lithuania, which granted the possibility of spelling names and surnames in personal documents using diacritical marks from outside the Lithuanian alphabet. This decision was of particular importance to Wołkonowski – he fought for the right to use the letter “Ł” in his surname, which is an inseparable element of his Polish identity. “It is part of my identity,” he said in the media, emphasizing that his family has lived in Vilnius, where his father was baptized in 1930, for generations.

In response to this ruling, the lawyer published a post in which he called on Wołkonowski and his family to leave Lithuania, suggesting that they were not its true citizens. Statements such as “pack your bags and go to Poland” or “Lithuania is not your homeland” were not only offensive, but also raised justified concerns about the safety of Wołkonowski and his family. Although these posts were not recognized as inciting hatred within the meaning of criminal law by Lithuanian law enforcement, their content and context sparked a broad social debate on the limits of freedom of speech on the Internet.

As TVP Vilnius, we decided to ask Mr Jarosław Wołkonowski about his experiences and the further course of the proceedings.

The fight for identity and the right to the original spelling of a surname

Justyna Siemienowicz-Jaszyna, TVP Vilnius: Mr Wołkonowski, what made you undertake such a long and difficult fight for the original spelling of your surname in your passport? What is the significance of this fight for you on a personal level?

Jarosław Wołkonowski: Back in 1992, when filling out a form to obtain Lithuanian citizenship, I entered my name using double W and Ł, just as my ancestors had written in their documents. Even then, I encountered disapproval from the clerk, who stated that “we do not have such letters in the Lithuanian alphabet and we cannot write them in your name”. In response, I told her to look at the door in the office building, where the inscription “WC” was visible. In this case, you could write double W, but for a citizen – you do not want to. Two weeks later, when I returned to collect my document, I noticed that the door had a sign in Lithuanian: “Toaletas”.

30 years have passed since then. Today we are allowed to use the double W, but as my story shows – there is still a long way to go. I hope that the current government, which included a solution to the issue of the original spelling of surnames and the introduction of diacritical marks in its program, will bring this matter to an end. It is a pity that the previous government did not complete this process, but only adopted a half-hearted solution, limiting itself to making minimal changes.

Reaction to hate speech

You have encountered threats of an ethnic nature. What emotions did you feel when you read such statements?

It is obvious that these comments constituted a threat – especially the call for me to stop fighting for the correct spelling of my surname until the “patience” of Lithuanians ends. All of this is very upsetting for me. I have always believed that Lithuania and Lithuanians are maturing to the understanding that the Polish minority is an integral part of this country – we have lived here for generations, we are rightful citizens and we co-create the nation inhabiting Lithuania.

Meanwhile, the words of attorney Adolfas Remeikis, who stated in his comment that we have nothing to do here in Lithuania, that Lithuania is not our homeland and we should return to “our Poland”, are extremely painful. It is hard for me to bear, understand or accept this. It is sad.

Assessment of the Bar’s decision

Mr Wołkonowski, how do you assess the decisions of the Lithuanian Bar Association in this case? Do you still feel that not all aspects of the hate speech contained in the post were sufficiently taken into account?

Today, December 12, 2024, the Lithuanian Bar Association announced the verdict in the case of attorney Adolfas Remeikis. He was reprimanded for posting a comment on Facebook, which, according to the Bar, violated the limits of freedom of speech. This comment insulted the Polish national minority in Lithuania, was discriminatory in nature and incited national discord.

As a public figure, attorney Remeikis had no right to act in such a way. With his actions, he violated the authority of the Lithuanian Bar Association and exceeded ethical standards. It is also worth emphasizing that he did not appear at any of the four hearings concerning the case, which the Bar took into account in its assessment.

The decision was based on the Law of the Republic of Lithuania on the Bar, in particular on articles 39, 52, 53, 55 and article 13, part III. On this basis, a reprimand was imposed, which limits his professional opportunities – among other things, it deprives him of the right to run for office in the Bar structures. In addition, Remeikis will be closely monitored for the next year, and repeating such behavior may lead to more severe sanctions, such as a serious reprimand or even exclusion from the Bar.

The ruling is to be published within 14 days, and from the moment of its receiving there is a 30-day period for appeal. Together with my lawyer and the lawyer from the European Foundation of Human Rights, we will analyze the verdict and decide on any further steps.

At the moment, I am partially satisfied with this verdict. Observing the case both as an affected person and as a researcher of the legal situation of the Polish minority in Lithuania, I see that this type of extreme and nationalistic behavior is very dangerous. The penalty of a reprimand is just the beginning. In the future, if such behavior is repeated, more severe measures may be applied.

Future prospects and hopes

What hopes do you have for this trial? Do you expect the justice system to ultimately stand behind the protection of human rights and national minorities?

You see, the essence of the case is that higher authorities argue that using the letter Ł in my surname could harm the Lithuanian language. The problem is that there is no expert opinion or evidence showing how the Lithuanian language would suffer as a result. A name and surname are a basic human right, and in this situation we see double standards being applied.

An example of such is a situation in which a Lithuanian citizen marries a Polish citizen and takes his surname with letters such as Ć or Ń. The Lithuanian office will easily write it in its original form. However, we, who are only trying to regain the original spelling of our surnames, are refused. In my opinion, this is a form of discrimination and segregation. Some people have the right to the original spelling of their surnames, while others do not.

Reducing the phenomenon of hate speech on the Internet

The case you are handling has not only a legal, but also social aspect. What do you think should be done to minimize the phenomenon of hate speech on the Internet, especially in the context of national minorities in Lithuania?

We need to act in two ways. First, it is necessary to emphasize and speak openly about the fact that hate speech is a crime. We need to explain that such comments incite hatred and lead to the escalation of conflicts. We live in very complicated, difficult times, and in Lithuania, especially in our region, bonds, cohesion, mutual understanding and tolerance should prevail – not the introduction of new divisions.

The second way is punishment. Hate speech should be punished. The current sanctions are inadequate to the scale of the harm that such actions cause to another person.

A message to others fighting for their rights

Finally, what would you like to say to those who may feel discouraged or powerless in the fight for their rights, especially those related to national symbols and identity?

Our surnames are the salt of this earth, of this region – Vilnius Region. In different times, they were changed in different ways, mutilated, endings were added to them. And yet, despite the Tsarist repressions and Soviet pressures, our ancestors tried to preserve their identity, their surnames in the correct sound and spelling. Today, it is important for us to regain our family surnames, because they connect us with past generations, with our ancestors. And we will also leave something behind for our children and grandchildren. This something will be our family surname, and it is important that it is in its original form.