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Friday, 04 October, 2024
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Ministry of Justice Advances Key Infrastructure Projects in the Penitentiary System

As part of ongoing efforts to enhance the rights and services available to convicts and staff, Minister of Justice Rati Bregadze inaugurated new facilities at Penitentiary No. 10 in Ksani.

The newly built infrastructure includes a Public Service Hall, dedicated meeting rooms for lawyers, spaces for both long- and short-term visits, and a video conferencing area.

This upgrade ensures that both inmates and staff can fully access state and private sector services within the institution. The Ksani facility is the sixth penitentiary to feature a Public Service Hall, a project that is unparalleled worldwide.

Convicts at Penitentiary No. 10 will now benefit from improved, comfortable meeting spaces, equipped with the necessary amenities for both long and short visits. The infrastructure aligns with the 2024 Penal Code, which permits inmates to use these meeting spaces free of charge.

Additionally, a new, state-of-the-art storage facility has been installed to better control the introduction of prohibited items. Access to the institution is now further secured with the installation of a modern scanner and a designated room for the physical inspection of visitors.

The inauguration was attended by Deputy Minister of Justice Erekle Gvinianidze, Head of the Special Penitentiary Service Nika Tshvarashvili, and Chairperson of the Public Service Hall Lasha Lobjanidze.

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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.