Dismissal of Latvian border guard over remark “Russians don’t surrender” upheld as justified

A ruling by the Administrative Regional Court upholding the dismissal of a Latvian border guard for the comment in Russian “russkije ne sdajutsja” (“русские не сдаются” – “Russians don’t surrender”) has entered into force.

The Supreme Court (SC) announced that it has upheld the lower court’s judgment, confirming that the State Border Guard had lawfully imposed a disciplinary penalty and dismissed the officer from service due to identified disciplinary violations.

The court found that the Administrative Regional Court had properly assessed the evidence and established that during a border guard assignment, the applicant used his personal mobile phone without authorization to take several photos and a video showing the demolition of a monument glorifying the Soviet regime. These actions were unrelated to his official duties and endangered the completion of the assigned task.

The court also agreed that the disciplinary sanction was proportionate,

noting that the officer had made the comment “russkije ne sdajutsja” (“Russians don’t surrender”) in the recorded video and later shared it in an internal online discussion group for border guards. The recording subsequently spread to the public internet and was picked up by media outlets in aggressor states.

The Supreme Court emphasized that every border guard—especially under current geopolitical circumstances—must carefully consider their words and conduct themselves in ways that do not harm the reputation of the State Border Guard, acting ethically and in accordance with the values of public service.

While the comment could be interpreted in different ways—whether as a description of the demolition process or as an expression of support for Russia’s aggression—the court found that the officer should have been aware that such a statement could cause the public to question both his own and the institution’s values and reliability. The court ruled that his previously positive service record could not outweigh the loss of trust, and the disciplinary penalty was therefore justified and proportionate.

The court noted that there was no basis to overturn the previous ruling.

According to the case materials, on the 26th of October, 2022, the border guard, accompanied by a service dog, had been assigned to monitor the demolition of a monument and ensure compliance with border zone regulations. On that day, in the town of Balvi, a Soviet-era monument titled “To the Partisans of the Great Patriotic War” was dismantled.

During the assignment, the officer took photos and video with his mobile phone—actions unrelated to his official duties—and made the ambiguous comment “russkije ne sdajutsja” while recording the demolition of the Soviet-glorifying monument. He also showed the recording to colleagues, violating ethical principles and public service values.

The State Border Guard pointed out that the phrase “russkije ne sdajutsja” is not a casual expression—it has long been used in public discourse by certain groups in Latvia protesting various events and at commemorations. Historically, it is also a centuries-old slogan of the Russian army.

The officer was dismissed from service on the 1st of December, 2022. He appealed the decision, but the higher authority upheld it unchanged. The former border guard then brought the case to court, requesting the annulment of the dismissal.

In court, he argued that while filming the demolition and saying “russkije ne sdajutsja,” he referred only to the technical aspect of removing the plaque and did not intend any political or ideological message. He maintained that his actions had no connection to support for Russia’s aggression against Ukraine.

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