European Court of Human Rights upholds Ukraine’s right to penalise use of pro-war St George’s ribbon
Pravda Ukraine
The European Court of Human Rights (ECtHR) has upheld Ukraine’s ban on the public display of St George’s ribbons, deeming it lawful in its 2017 judgment in the case of Borzykh v. Ukraine. [St George’s ribbon is a propaganda symbol of war used by Russia – ed.]
Source: European Pravda, citing the court’s rulling
Details: The case concerned the ban on the public wearing of St George’s ribbons in Ukraine, which came into force in 2016.
The plaintiff, Yurii Borzykh, a former military man, sought to wear the St George’s ribbon on Victory Day, 9 May. [Victory Day is a Russian holiday commemorating the Soviet victory over Nazi Germany in 1945, celebrated on 9 May – ed.].
The complaint was submitted to the ECtHR on 17 November 2017. Borzykh argued that the ban on wearing the St George’s ribbon in public places was discriminatory.
“The Court noted the changed significance of the St George ribbon in the ongoing armed conflict with Russia and found, in particular, that although Ukraine’s ban had restricted freedom of expression, it had been within the State’s discretion,” the ECtHR said in its ruling.
According to the Court, Borzykh’s case involved an interference with his right to freedom of expression. In determining whether this interference was justified and necessary in a democratic society, the Court considered the context in which the ban on the St George’s ribbon was imposed.
“The Court saw no reason to call into question the Ukrainian Government’s efforts to tackle the problems posed by armed conflict. The Court observed that the prohibition of the St George ribbon was not a blanket ban and there were quite a number of exceptions, including its lawful use as original State award or military honour awarded before 1991,” the ECtHR said.
The court ruled that the Ukrainian state had not exceeded its limits of authority (margin of appreciation) and dismissed this part of the complaint as manifestly unfounded.
In addition, Borzykh failed to prove that the ban had caused him mental anguish or anxiety or otherwise had a significant impact on him, the ECtHR concluded.
Background:
- Notably, following Russia’s full-scale invasion of Ukraine, Estonia enacted a law banning the public display of symbols associated with Russian aggression. President Alar Karis approved the legislation, which prohibits the display of pro-war Russian symbols such as the St. George’s ribbon and the letter Z.
- In addition, the demonstration of symbols of Russia’s war in Ukraine, such as the letters Z and V, as well as the St. George’s ribbon, is also prohibited in Lithuania.
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