Lithuanian Bar Association: Disciplinary Penalty for a Hateful Post Against a Lithuanian Pole

The Honor Court of the Lithuanian Bar Association, after examining the circumstances of the case during a hearing on December 12, 2024, imposed a disciplinary penalty of reprimand on attorney A. Remeikis.

On December 28, 2023, Lithuanian attorney A. Remeikis published a post on Facebook (under the username “Remas Remeikis”) in which he called on Mr Jarosław Wołkonowski and his family to leave Lithuania, stating that “it is not their homeland.”

The attorney’s post was a direct reaction to the ruling of the Constitutional Court of the Republic of Lithuania regarding the use of diacritical marks from the Latin alphabet, not used in the Lithuanian language, in personal documents. Mr. Jarosław Wołkonowski was particularly involved in the case, advocating for the recognition of minority rights, which A. Remeikis chose to comment on offensively. Among other remarks, he wrote to Wołkonowski: “Lithuania is not your homeland” and “please pack your belongings, take your family and relatives, and leave for Poland before Lithuanians’ patience runs out.” These statements did not escape the attention of the European Foundation of Human Rights, which addresses instances of hate speech in the media. On January 16, 2024, the Foundation decided to file a notice regarding the possibility of a criminal offense committed by the attorney.

Parallel to the criminal proceedings, on January 23, 2024, a complaint was filed with the Lithuanian Bar Association regarding a possible breach of professional ethics by the attorney. Subsequently, on March 13, 2024, the Bar Council decided to initiate disciplinary proceedings against the attorney. The first hearing took place on May 21, 2024, in the presence of Mr. Jarosław Wołkonowski and a lawyer representing the European Foundation of Human Rights (EFHR). However, the attorney under investigation did not attend. He also failed to appear at subsequent hearings of the Honor Court, providing no justification for his absence and not submitting any requests for adjournment.

On December 12, 2024, the Honor Court of the Lithuanian Bar Association imposed a reprimand on A. Remeikis. In its justification, the Court stated that:

• The state imposes specific standards of conduct on individuals practising as attorneys, as defined in the legal acts regulating the activities of the Bar Association and the principles of professional ethics.
• Only individuals with impeccable professional conduct can be entrusted with the task of participating in the administration of justice; failure to comply with these requirements discredits the legal profession and diminishes its prestige.
• An attorney’s conduct must not undermine their personal honor, integrity, and honesty; failure to adhere to these virtues leads to a loss of public trust in the profession and undermines the authority of the entire Lithuanian Bar as an institution for the defense of human rights, freedoms, and legitimate interests.
• The principles of professional conduct apply to attorneys both in their professional and private lives; therefore, they bear disciplinary responsibility for behavior inconsistent with the requirements of legal ethics, even if such behavior is unrelated to professional duties.
• The freedom to express opinions ends where it is used to incite national hatred, violence, or discrimination, as stated in the Lithuanian Constitution and the European Convention on Human Rights.
• According to the case law of the European Court of Human Rights, it is necessary to prohibit and punish all forms of expression that promote, incite, or justify hatred based on intolerance—such ideas are excluded from the protection of freedom of opinion.

Regarding the attorney’s statements, it was determined that:

• They exceeded the boundaries of freedom of speech, were offensive to the complainant, and exhibited characteristics of hate speech. The statements “Lithuania is not your homeland” and “please pack your ‘belongings,’ take your family and relatives, and leave for Poland before Lithuanians’ patience runs out” are discriminatory and discriminate against the complainant as well as individuals of Polish origin based on their nationality.

The Honor Court also reviewed the opinion of an expert from the Office of the Journalistic Ethics Inspector, dated April 10, 2024. This opinion was issued during the preparatory proceedings conducted by the Vilnius District Prosecutor’s Office, which examined whether the attorney’s actions constituted a crime under Article 170(2) of the Criminal Code of the Republic of Lithuania. However, the analysis did not focus on specific threats or insults but rather on the scope of potential criminal liability under the aforementioned article. The Court emphasized that the fact that the attorney’s behavior did not constitute a criminal offense does not mean it did not violate the principles of legal ethics. The Court also highlighted that the attorney failed to fulfill his obligations to cooperate with the Lithuanian Bar Association by not appearing on the scheduled date and failing to notify the Court of his inability to do so for justified reasons, which constitutes a breach of the duty to cooperate.

After considering all circumstances relevant to the disciplinary case, the Court concluded that the objectives of the disciplinary proceedings would be achieved by imposing a reprimand as a disciplinary penalty. The European Foundation of Human Rights (EFHR) appreciates the decision of the Honor Court of the Lithuanian Bar Association, which imposed a disciplinary penalty on attorney A. Remeikis for his scandalous and discriminatory remarks against Lithuanian Pole Mr Jarosław Wołkonowski. This decision signals that the legal community in the Republic of Lithuania will not tolerate actions that violate ethical standards and human dignity, even when committed by its members.

At the same time, the Foundation emphasizes that similar behaviors should face stricter consequences to deter their recurrence effectively. Hate speech has no place in a society based on democratic values and respect for human rights. The decision of the Honor Court is a first step toward building awareness that no position or membership in certain professional groups protects individuals from accountability for such actions.

The EFHR will continue to monitor similar cases and engage in actions countering hate speech and discrimination to support the development of an open and tolerant society in Lithuania.