Finnish State Prosecutor Drops Charges
Against Henrik Hollapa
English Translations
(Please link here for Finnish language originals)
Document 1
(below):
Cover letter by Finnish state prosecutor Mika Illman
Note: The address of Henrik Holappa's mother,
Ms. Raili Holappa,
has been ommitted to protect privacy
Raili Holappa:
The following decisions have been sent to your son Esa Holappa to his address which is announced in the popular register. The Post Office has however returned the letter telling that he does not live in the given address. I therefore send you the decisions and ask you to forward them to Esa Holappa. The case is no longer under process. If you or your son Esa Holappa have any questions concerning this matter you can contact me.
State prosecutor  Mika Illman
Enclosed two conclusions on a case R 08/35
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Document 2:
Page 1
This
explains why the complaint filed by Kaleva Kustannus Oy will be dropped
Non-prosecuted
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HOLAPPA ESA HENRIK
18.07.1985
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Complainant
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KALEVA KUSTANNUS OY
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| Investigated or suspected crimes and sections of law |
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COPYRIGHT VIOLATION
5.1.2007 OULU
6550/R/0000605/07
COPYRIGHT LAW
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History of the case
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Esa Henrik Holappa has cut from a newspaper, owned by the complainant, a picture and sent it to the USA in electronic form. The picture has then been published on the Internet in the USA. The picture was re-published without the permission of the complainant company.
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Decision
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I will not press charges because the right to institute criminal proceedings has expired.
I will not press charges.
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Cause of action
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The possible copyright violation has taken place on 5th January 2007 or sometime after this. The right to institute criminal proceedings has thereby expired on 5th January 2009 or sometime after this.
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Signature
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State prosecutor Mika Illman
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Issued to
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Non-prosecuted
Complainant
The Police |
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Document 2
Page 2
This explains why the complaint filed by
Meir Merja Anneli, Meir Avi, and Meir Jonatan will be dropped
Non-prosecuted
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HOLAPPA ESA HENRIK
18.07.1985
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Complainants
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MEIR MERJA ANNELI
MEIR AVI
MEIR JONATAN
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| Investigated or suspected crimes and sections of law |
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GROSS DEFAMING OF THE HONOUR
5.1.2007 OULU
6550/R/0000605/07
Criminal code chapter 24, 10§
INCITEMENT OF RACIAL HATRED
5.1.2007 OULU
6550/R/0000605/07
Criminal code chapter 11, 10§
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History of the case
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The Police has investigated if Esa Henrik Holappa has committed to gross defaming of the honour against the complainants. The picture which is considered offensive to the complainants was published on a certain American Internet site. The picture was accompanied with a text which was offensive to the complainants. Based on the text content it has also been investigated if Holappa has committed to incitement of racial hatred. The consideration of charges had therefore taken place in the state prosecutor's office based on the law 24§ of the use of freedom of speech in mass communication.
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Decision
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There are no apparent reasons to support the guilt of the suspected.
I will not press charges.
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Cause of action
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It is clear that the published picture together with the text is defaming the honour of the complainants. The text includes certain parts which as such do fit the essential elements of a given offense against the racial hatred.
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Document 2:
3rd Page
continuation of the cause of action explanation from the 2nd page,
and signatures of both the state prosecutor and his assistant.
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Esa Henrik Holappa has confessed in the preliminary investigation that he has cut the pictures in question from a news paper and sent it to a certain member in Aryan Nations. He has denied writing the text. He has also denied publishing the picture on the Internet or having played any role in the process of its publishing. Holappa has however announced that he has a possibility to both add and delete material on the site in question.
In the preliminary investigation it has been proven that from the email address which Holappa was using has been sent a picture similar to the one which was published on the Internet. The origins of the text remains unsolved.
It is possible that Holappa has written the text and made then the picture together with the text available on the Internet site in question. On the other hand it is also possible that someone else has published the picture together with the text. In this case I find that the evidence against Holappa's guilt is not sufficient. For this reason I have decided not to press charges.
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| Signature |
Assistant state prosecutor |
Jorma Kalske |
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State prosecutor
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Mika Illman |
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| Issued to |
Non-prosecuted
Complainant
The Police |
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Document 3:
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Instructions to parties involved
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1. 
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This decision does not give the discharge of possible claims for compensations |
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2.
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When the official prosecutor has decided not to press charges the complainant can press charges unless if the complainant has cancelled the prosecution request or if the complainant has otherwise given up on pressing the charges. |
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3.
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The official prosecutor is allowed to cancel his/her decision and press charges in case based on new information the previous decision was based on false or insufficient information. |
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