The decision of the Administrative District Court has come into force, which recognized the dismissal of the border guard for his statement in Russian 'Russians do not surrender' as justified.
The Supreme Court of Latvia reported that the decision of the Administrative District Court has been upheld, which found that the State Border Guard (SBG) justifiably imposed disciplinary punishment on the plaintiff and dismissed him.
As a border guard, the plaintiff, during his duty, unlawfully took several photographs and a video on his phone, capturing the demolition of a Soviet monument, thereby engaging in actions unrelated to the performance of his official duties and creating a threat to their execution.
On October 26, 2022, the border guard, along with a service dog, was assigned to observe the dismantling of the monument to Soviet partisans in Balvi and to monitor compliance with the rules of stay in the border zone.
According to the Supreme Court, the Administrative District Court correctly assessed the proportionality of the disciplinary sanction, as the circumstances of the case indicate that the plaintiff posted the video with the comment 'Russians do not surrender' in a discussion online group of border guards, from where it subsequently entered the public internet space and the media of aggressor states.
The Supreme Court reminds that every border guard, especially in the current geopolitical conditions, must carefully consider their statements, behave in a way that does not harm the reputation of the State Border Guard, and act ethically and in accordance with the values of the state.
Although the comment can be interpreted in different ways, as it is not entirely clear whether it pertains to the work process or expresses support for Russian aggression, the plaintiff should have been aware of the reaction such statements could provoke in society.
The Border Guard notes that the expression 'Russians do not surrender' is not a random combination and is often used as a slogan by a certain part of Latvian society in protest against various events in their lives, as well as at commemorative events. Furthermore, the phrase 'Russians do not surrender' is a centuries-old slogan of the Russian army.
The border guard was dismissed from service on December 1, 2022. He requested a review of the decision, but it was upheld by higher authorities. Subsequently, the border guard went to court and demanded the cancellation of the decision.
The dismissed border guard argued in court that his actions were not related to supporting Russian aggression against Ukraine.
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