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Tuesday, 11 April, 2023
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Ministries of Justice of Georgia and Portugal Conclude Memorandum of Cooperation

Rati Bregadze and Katarina Sarmento e Castro signed today the memorandum of cooperation within the framework of the visit of the Georgian delegation to Portugal.

The decision to deepen sectoral cooperation and sign a memorandum was made at the meeting of the Ministers of Justice of Georgia and Portugal in July 2022, at which the parties discussed concrete initiatives for the development of bilateral relations.

The memorandum covers various areas of cooperation between Georgia and Portugal, including the approximation of Georgian legislation with EU law, digitalization of justice, crime prevention, rehabilitation and re-socialization of convicts in penitentiary and probation systems, and access to educational programs. For this purpose, the memorandum envisions the development of training and qualification improvement programs for the employees of the Ministries of Justice of the two countries, as well as the organization of joint seminars, study visits and legal forums.

The signing of the memorandum was preceded by a meeting between the Ministers of Justice of Georgia and Portugal. Rati Bregadze and Katarina Sarmento e Castro discussed specific opportunities for mutual cooperation and future initiatives. The meeting was attended by Deputy Minister of Justice of Georgia, Beka Dzamashvili, Ambassador of Georgia to Portugal, Giorgi Mirtskhulava and Deputy Head of the Mission, Tsotne Zurabiani.

In Portugal, the Georgian delegation will hold meetings with the State Secretary and the head of the Penitentiary Service on issues of digitization and administrative modernization. A visit of the delegation to the penitentiary and justice campus is also planned.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.