Helsinki’s Court of Appeal has overturned convictions against individuals appealing rulings related to their membership in the “Kohti vapautta” (Towards Freedom) movement. Those who accepted the initial district court ruling, however, remained convicted of illegal association.
The Court of Appeal determined that “Kohti vapautta” did not continue the activities of the banned neo-Nazi organization, the Nordic Resistance Movement, between 2019 and 2020. Consequently, membership in the group was not considered illegal association.
Two of the convicted men appealed the district court’s decision, and the Court of Appeal has now dismissed the charges against them on this basis. However, the convictions of those who did not appeal remain in place.
Unequal Justice?
According to criminal law professor emeritus Matti Tolvanen, the Court of Appeal can only rule on the cases of those who appeal. He emphasized that, in this instance, the legal question was the same for all the men involved, yet the outcome differed.
“This bluntly demonstrates that if there are co-conspirators, everyone should appeal to avoid this kind of situation,” Tolvanen stated.
Tolvanen explained that convicted individuals may face unequal treatment based on their financial standing. Those with limited means may qualify for legal aid and be able to appeal with its support. However, individuals whose income and assets exceed the legal aid threshold must pursue their appeals at their own expense.
Tolvanen estimates that the costs associated with such an appeal can amount to thousands of euros – a sum not everyone can afford. “There’s a certain blind spot here. If you don’t have the money, you may not get justice,” he said.
Appealing the initial ruling did result in a slight reduction of the fines imposed on the men who successfully challenged their convictions.
What Happens Next?
Those convicted of illegal association are limited in their options, Tolvanen said. Theoretically, they could seek to have the final ruling overturned by the Supreme Court, but the threshold for doing so is extremely high. Tolvanen believes this is unlikely in this case.
Both the district and appellate courts also considered concrete actions taken during involvement with “Kohti vapautta,” in addition to membership. All four men were originally convicted of incitement against a national group, and the Court of Appeal did not alter the convictions of two of the appellants on this charge.
Frequently Asked Questions
What was the central legal question in this case?
The central question was whether the “Kohti vapautta” movement continued the activities of the previously banned Nordic Resistance Movement, making membership illegal association.
Why did the outcomes differ for the men involved?
The outcomes differed because only two of the four convicted men appealed the district court’s ruling. The Court of Appeal only had the authority to review the cases of those who appealed.
What does Matti Tolvanen say about the fairness of the situation?
Matti Tolvanen stated that it would have been best if all the convicted men had appealed, and that the situation highlights a potential inequality in the justice system based on financial resources.
Does this case raise concerns about access to justice for those with limited financial means?
