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

The Court of Honor 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, claiming 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 recording of first and last names in personal documents using diacritical marks from the Latin alphabet that are not used in the Lithuanian language (more on this topic can be read here). Mr. Jarosław Wołkonowski was particularly involved in the case, advocating for the recognition of minority rights, which Remeikis chose to comment on in an offensive manner. He wrote to Wołkonowski, among other things: “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 go unnoticed by the European Foundation of Human Rights, which responds to instances of hate speech in the media. On January 16, 2024, The Foundation decided to file a report regarding the possible commitment of a crime by the attorney. More about the case can be read in an article published on The Foundation’s website.

Parallel to the criminal proceedings, a complaint was submitted to the Lithuanian Bar Association on January 23, 2024, regarding the possible violation 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 EFHR, but the attorney under investigation did not appear. He also failed to attend subsequent hearings of the Court of Honor, without providing justification for his absence or filing requests for adjournment.

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

• the state imposes special standards of conduct on individuals practicing law, as specified in legal acts regulating the activities of the bar association and professional ethical principles;
• only individuals with impeccable professional conduct can be entrusted with the task of participating in the administration of justice.; failing to adhere to these requirements discredits the legal profession and lowers its prestige;
• an attorney’s conduct must not compromise their personal honor, integrity, and honesty; failure to observe these virtues leads to a lack of public trust in the profession and undermines the authority of the entire Lithuanian Bar Association as an institution defending human rights, freedoms, and legitimate interests;
• the principles of professional conduct bind an attorney both in their professional and private life, therefore, they are subject to disciplinary responsibility for behavior that violates the requirements of legal ethics, even in areas not directly related to the performance of professional duties;
• the freedom to freely express opinions ends where it is used to incite national hatred, violence, and discrimination, as stated in the Lithuanian Constitution and the European Convention on Human Rights and Fundamental Freedoms;
• case law from the European Court of Human Rights indicates that it is necessary to prohibit and punish all forms of speech that promote, incite, or justify hatred based on intolerance—such ideas are excluded from the protection of freedom of expression.

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

• the statements exceeded the limits of freedom of speech, were offensive to the complainant, and contained elements of hate speech. The phrases “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 in nature and discriminate against the complainant and people of Polish descent due to their nationality.

The Honor Court also reviewed the expert opinion from the Office of the Inspector of Journalistic Ethics dated April 10, 2024, which was issued during the preparatory proceedings conducted by the Vilnius District Prosecutor’s Office. These proceedings investigated whether the actions of the attorney constituted a crime under Article 170(2) of the Criminal Code of the Republic of Lithuania. However, this examination did not address specific threats or insults but rather the scope of potential criminal liability under the aforementioned article. The Court emphasized that the mere fact that the attorney’s behavior did not constitute a crime does not mean that it did not violate the principles of legal ethics. The Court also highlighted that the attorney failed to fulfill his obligations related to cooperation with the Lithuanian Bar Association, namely, he did not appear at the scheduled hearing and did not inform the Court that he was unable to do so for justified reasons, which constitutes a violation of the duty to cooperate.

The Court, after considering all the circumstances relevant to the disciplinary case, concluded that the goals of the disciplinary proceedings would be achieved by imposing a disciplinary penalty of reprimand. 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 statements against the Lithuanian Pole, Mr. Jarosław Wołkonowski. This is an important signal 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 own members.

At the same time, the Foundation would like to emphasize that such behaviors should be met with more severe consequences to effectively deter their repetition. Statements characterized by hate speech have no place in a society based on democratic values and respect for human rights. The decision of the Honor Court represents the first step toward building awareness that no position or membership in specific professional groups protects individuals from responsibility for such actions.

EFHR will continue to monitor similar cases and engage in efforts to combat hate speech and discrimination in order to support the building of an open, tolerant society in Lithuania.

Translated by Julia Falisz within the framework of a traineeship programme of the EFHR