On Friday, an Estonian court ruled to cancel the fine imposed in 2023 on MP Jaak Valge and poet Andres Aule for hanging the flag of the Estonian Soviet Union on the facade of the Writers' House in Tallinn. This is reported by ERR, writes UNN.
Details
The court ruled to annul the police decision of September 29, 2023, by which Jaak Valge and Andres Aule were fined 160 euros each for disturbing public order. The court ruled to discontinue the proceedings against both men, finding that their actions did not constitute an offense.
The flag of the ESSR was hung on July 22, 2023, on the facade of the Writers' House in Tallinn next to the bas-relief of Juhan Smuul. Later, both Valge and Aule confessed to the crime, stating that the flag was hung in protest against the bas-relief of Smuul, as the Writers' Union would not dismantle it.
On September 22, the men were fined, but the amount of the fine has not yet been disclosed.
During the trial, it was established that the flag was bought by Andres Aule and it was he who hung it on the wall of the building. Jaak Valge was nearby at the same time, but did not raise the flag. According to the court, he cannot be considered an accomplice to the misdemeanor, and his actions do not constitute an offense, and the proceedings against him should be terminated.
The court also did not see any signs of violation of the law in the actions of Aule, who hung the flag. The poet explained that his goal was not to disturb public order, but to draw attention to the fact that the bas-relief of Juhan Smuul was installed in a public place in the center of Tallinn, and that this could disturb those people or their descendants, in whose deportation Smuul took part in 1949.
The court considered Aule's explanations as plausible, recognizing that his behavior lacked the subjective elements of a misdemeanor.