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Friday, 11 March, 2022
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Another Victory of Georgia Over the August 2008 War

After the Strasbourg court case, Georgia won another victory at the International Criminal Court (ICC) in the Hague in connection with the August 2008 war. This decision proves once again that the serious violations committed against the population of Georgia during the August war will be attributed to specific representatives of the Russian Federation and the separatist regimes.

In particular, according to the information published by the Hague Tribunal, during the episode of torture and ill-treatment of Georgian civilians during the August war, the court prosecutor issued arrest warrants against 3 defendants: Mikhail Mindzaev (the so-called Minister of Internal Affairs of the Tskhinvali region); Hamlet Guchmazov (head of the pre-trial detention isolator of the so-called Ministry of Internal Affairs of the Tskhinvali region during the mentioned period); David Sanakoev (so-called Public Defender in the mentioned period). The investigation also reveals the role of the late Vyacheslav Borisov (Major General and Deputy Commander of the Air Force of the Russian Federation at the time), who, according to the investigation, intentionally facilitated the commission of the above-mentioned crimes.

The appeal of the Prosecutor's Office regarding the issuance of arrest warrants is specifically related to the facts of illegal detention, inhuman treatment, hostage-taking and further illegal movement of Georgian civilians during the Russian occupation. It should be noted that, like the Strasbourg court, the prosecutor of the Hague tribunal directly states that the territories of Georgia are occupied by Russia.

Since 2016, the Government of Georgia, in coordination with the Ministry of Justice of Georgia, with the involvement of the Prosecutor General's Office and all relevant agencies, has been actively cooperating with the Office of the Prosecutor of the Hague Tribunal and providing comprehensive information and evidences necessary for proper investigation. The prosecutor's office was provided with, among other things, hundreds of pieces of evidence collected and submitted to the Strasbourg court in connection with the August war case.

The current decision of the Office of the Prosecutor of the Hague Tribunal is the result of the submission of the above evidence by the Government of Georgia and a logical continuation of the historic victory of Strasbourg.

The Government of Georgia will continue to work actively with the Hague Tribunal to bring to justice all other crimes committed against the people of Georgia.

With regard to the execution of arrest warrants, all member states of the Rome Statute (the founding document of the International Criminal Court) have an obligation to co-operate with the Hague Tribunal on the arrest and extradition of a person to a court. To this end, Georgia will cooperate fully with the court to bring the perpetrators to justice. Together with the historic decision of the Strasbourg Court in the August war case of January 21, 2021, this decision of the Hague Tribunal represents another significant victory of the Georgian side in the international courts against the Russian Federation and confirms that during the 2008 war the Georgian military acted in accordance with international law.

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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.