Lithuanian MP argues voters, not courts, should judge his political mistakes

In a hearing at Lithuania’s Court of Appeals on Monday, MP Remigijus Žemaitaitis, leader of the “Nemuno aušra” party, argued that law enforcement should not restrict political activity and that any errors he has made should be judged by voters, not prosecutors, LRT reports.

The court concluded its examination of the case, in which Žemaitaitis was previously convicted of inciting hatred against Jews and denying the Holocaust. A verdict is expected in the second half of July.

In his final statement, Žemaitaitis said he distinguishes between politics and the separation of powers. “As a politician, I must trust that the judiciary will not dictate what political activity I can engage in,” he said. “It is not the prosecutor, but the voters, who decide on politicians’ mistakes.”

He noted that Facebook’s rules on incitement to hatred are strict, with such posts removed and their authors blocked, yet none of his posts had been taken down. Žemaitaitis maintained that his posts criticised Israel’s actions in Palestine, adding that other world leaders and EU officials have expressed similar criticism without facing criminal liability.

“As an EU citizen, I cannot criticise because I face criminal liability—because it suits someone,” he said.

Žemaitaitis also referenced the current conflict between Ukraine and Poland over historical memory, stating that Polish President and some politicians raise questions with their interpretations of historical events but face no criminal responsibility. “I believe every politician has the duty to ask questions, even if they are uncomfortable,” he said.

He admitted to confusing the mass killings in the Pirčiupiai and Kaniūkai villages in his posts but claimed he had acknowledged and apologised for the mistake.

“To err is human. For example, the prosecutor called my defence lawyer Sviderskis, but Vytautas Sirvydis did not become Vaidotas Sviderskis because of it,” Žemaitaitis said.

He accused the Homeland Union-Lithuanian Christian Democrats of exploiting his statements for political gain. Žemaitaitis denied that the controversy had boosted his ratings and stated that the prosecutor had not supported this claim with any public opinion polls.

Žemaitaitis is appealing the first-instance court’s decision, which found him guilty of inciting hatred against Jews and denying the Holocaust. The Vilnius Regional Court previously ruled that the MP had “publicly mocked, denigrated, and incited hatred against a group of people and individuals belonging to it because of their Jewish ethnicity” and denied the Holocaust.

Prosecutor Justas Laucius has requested a harsher penalty, asking the court to overturn part of the first-instance ruling that dismissed several episodes of the criminal act. Laucius seeks a new verdict imposing a fine of €52,250 instead of the original €5,000. Žemaitaitis’s defence team has requested an acquittal, arguing that his freedom of expression was severely restricted and that his constitutional right to hold and express his beliefs was violated.

The court will announce its decision on 22 July.