Tech & Rights

Facebook Photo of Two Young Lithuanian Men Kissing Reaches ECtHR

The two young men who shared a kiss on Facebook and became targets for hate speech did not receive any help from Lithuanian law enforcement officials - now their case has reached Strasbourg.

by Human Rights Monitoring Institute

Two years ago, Mangirdas and Pijus shared a picture of a kiss on social media to announce that they’ve become a couple. The two young men had no inkling of the events that would unfold following their public confession – to put it into perspective, their case is currently under examination in Strasbourg.

The European Court of Human Rights will determine whether Lithuania violated the European Convention on Human Rights by refusing to investigate the hate speech directed at the couple.

Law enforcement indifferent

When the two men posted their photo on Facebook in 2014, they received not only condemnation, but also threats: "Burn the fag," "Send both to the gas chamber," "You f*cking gays, you need to be f*cking destroyed" and "Kill them!" were all posted in response.

The youths asked the national LGBT * organization, the Lithuanian Gay League (LGL), for help. The League filed a complaint with the Prosecutor General's Office for incitement to hatred.

The image that was posted to Facebook in 2014, taken from the personal archive of Pijus Beizaras.

The prosecutor's office decided not to open an investigation into the matter, and its decision was upheld by a court. In fact, the court not only refused to defend the rights of the two young men, it also accused them of "eccentric behavior."

According to that court:

"The majority of Lithuanians hold traditional family values very close to heart. [...] in this case, someone publishing a picture of two men kissing should have known that such eccentric behavior would not have really contributed to the promotion of mutual understanding and tolerance of people with different opinions in society."

Case goes to ECtHR

LGL appealed the case to the European Court of Human Rights on behalf of the two youths, arguing that Lithuania had violated their right to privacy and discriminated against them.

The Strasbourg court accepted the case and, on June 16, asked the Republic of Lithuania to submit its position.

The ECtHR asked the government to clarify whether the decision of a public authority not to launch an investigation into the hateful comments could be seen as a violation of the right to respect for private life and the prohibition of discrimination. The Court was also interested to find out whether the national courts, by accusing Pijus and Mangirdas of "eccentric behavior," did not discriminate against them on the basis of sexual orientation.

"Lithuanian law enforcement agencies have deliberately avoided prosecuting hate crimes against our community for some years now, creating an atmosphere of impunity and contributing to homophobia in Lithuania," said Tomas Vytautas Raskevicius, the LGL lawyer representing the two young men in the European Court of Human Rights.

He claims that a positive outcome in Strasbourg for Pijus and Mangirdas would be a "great incentive to change."

More info is available here.

Donate to liberties

Your contribution matters

As a watchdog organisation, Liberties reminds politicians that respect for human rights is non-negotiable. We're determined to keep championing your civil liberties, will you stand with us? Every donation, big or small, counts.

We’re grateful to all our supporters

Your contributions help us in the following ways

► Liberties remains independent
► It provides a stable income, enabling us to plan long-term
► We decide our mission, so we can focus on the causes that matter
► It makes us stronger and more impactful

Your contribution matters

As a watchdog organisation, Liberties reminds politicians that respect for human rights is non-negotiable. We're determined to keep championing your civil liberties, will you stand with us? Every donation, big or small, counts.

Subscribe to stay in

the loop

Why should I?

You will get the latest reports before everyone else!

You can follow what we are doing for your right!

You will know about our achivements!

Show me a sample!