The Supreme Court held a rare oral hearing without asking the Finnish politician any questions. “This is a battle that must be fought to the end”, said Räsänen after the hearing.
Päivi Räsänen during the oral hearing. / Photo: Uusi Tie.
Member of Finnish Parliament Päivi Räsänen and Lutheran Bishop Juhana Pohjola entered the Supreme Court chamber in Helsinki on Thursday, October 30.
The prosecutors were State Prosecutor Mikko Männikkö and Special Prosecutor Krista Mannerhovi.
At 8:00 a.m., there was a demonstration at Helsinki Market Square. Approximately 150 people gathered to demonstrate in support of freedom of speech and religion. “Päivi and Juhana, we support you”, they shouted encouragingly. Pohjola and Räsänen greeted the demonstrators.
“For my part, I would like to emphasize that this is a matter of religious publications, and it is also part of my job and duty to print and distribute such teachings electronically. I think it is important that Christians continue to be able to defend Christian marriage and the Christian view of humanity without fear”, commented Juhana Pohjola, who was interviewed by Finnish magazine Uusi Tie at the market square.
[photo_footer] Juhana Pohjola greeted the demonstrators before the hearing. / Uusi Tie [/photo_footer]
The oral hearing began at 9:35 a.m. In his presentation of the case, State Prosecutor Mikko Männikkö pointed out that freedom of speech includes the right to criticize social issues, even harshly. He cited immigration as an example.
“However, we are now dealing with an issue over which individuals have no control. If someone is homosexual, they cannot think that the public debate does not concern them. Räsänen's claim that there is nothing wrong with homosexuality, but that homosexual acts are reprehensible, is not obvious to the average person. These cannot be separated”, Männikkö said.
Päivi Räsänen's defense attorney, Matti Sankamo, stated that the prosecutor had incorrectly claimed that Räsänen believed that “all homosexuals are and should be considered inferior to other people”.
In fact, Räsänen's pamphlet states the exact opposite: every person should be treated as an equal citizen regardless of their sexual orientation.
“This is the first criminal case in which the defendant is alleged to have incited hatred against a group of people in a text in which she specifically urges readers to respect this minority”, Sankamo said.
Päivi Räsänen commented on the oral hearing to Uusi Tie magazine immediately after the session, pointing out that she was surprised that the prosecutor did not ask her any questions during the hearing. The prosecutor saved the most important issues for its closing statement.
“Perhaps it was a strategic choice on the part of the prosecutor, so that we would not be able to respond to them”, she said
Was there anything in the closing statement that Räsänen would have liked to respond to? Räsänen mentioned the prosecutor's point that Räsänen herself voted when the law on incitement against a group of people was amended in 2011.
The prosecutor argued that, as a legislator himself, Räsänen should have understood that her texts were contrary to this law.
“If I had understood or thought that way at the time, I would not have been able to approve the law. On the contrary, I think that the fact that I myself supported this law shows that it did not even occur to me that my writings were illegal”, Räsänen replied.
According to Räsänen, the prosecutor did not bring up any new points during the oral hearing: “I have already had to respond to all of these, and we responded this time as well”.
However, the prosecutor drew attention to a sentence in the pamphlet that states: “Equality between people does not mean equality in sexual behavior”, which he considered to be problematic.
“I think that this is, in a way, the core issue. People are equal, but there is also a lot of wrongdoing in the area of sexuality. One cannot think that all sexual interaction is equal. Take, for example, sex with children, adultery, or rape. There are numerous examples that we can all agree on”.
[photo_footer] Päivi Räsänen. / Uusi Tie [/photo_footer]
Päivi Räsänen said she was previously confident that an acquittal would be handed down. At present, however, she is “in a humble mood”.
It is very rare for the Supreme Court to hold an oral hearing.
“Usually, these are only used in cases where the Supreme Court is considering a different solution than what the lower courts have decided. Of course, I wonder if the Supreme Court has something like this in mind. We'll have to wait until the end to see what the decision will be”, uderlined Räsänen.
If she is found guilty, she intends to take the case to the European Court of Human Rights.
“This is a battle that must be fought to the end. If my tweet were ordered to be deleted, it would have a huge silencing effect. To what extent would people then dare to use the Bible?”, pointed out the MP.
Räsänen also believes that the ruling would mean a severe restriction of freedom of speech and religion, not only in Finland but also in Europe: “If a ruling were to be made here, I suspect that certain interest groups in other countries would be activated to make similar requests for investigation”.
Räsänen and Pohjola are accused of incitement against a group of people. In 2004, Räsänen wrote a pamphlet entitled He Created Them Male and Female. The booklet was published by the Finnish Luther Foundation.
Juhana Pohjola was responsible for the Luther Foundation's Aamutähti publication series, of which Räsänen's pamphlet is a part. Pohjola is accused of publishing the pamphlet and making it available.
In addition, Räsänen is accused of a writing she published on various social media channels in 2019. Räsänen shared in Twitter verses from Paul's Epistle to the Romans that condemn homosexual acts. Räsänen's intention was to criticize the decision of the Evangelical Lutheran Church of Finland to participate in the Helsinki Pride event.
Räsänen and Pohjola were acquitted of all charges in the district court and court of appeal, but the prosecutor appealed the decision to the Supreme Court.
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