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Thursday, 03 November, 2022
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Rati Bregadze Pays Official Visit to the Republic of Austria

Within the framework of the current official visit to Austria, Minister of Justice, Rati Bregadze held the first meeting with the General Director of the Penitentiary Service of the Republic of Austria, Friedrich Alexander König.

The parties shared their experience and existing knowledge in the area of penitentiary services.

At the meeting, the Minister spoke about the achievements in the penitentiary and probation systems of Georgia. He informed the Austrian side about the innovative educational project - Digital University, which increases access to education for convicts.

The Ministry of Justice of Georgia plans to further deepen cooperation with the Republic of Austria in the direction of managing the penitentiary and probation system, which will allow the country to develop rehabilitation and re-socialization programs, activities outside the cell; Employment, educational and sports programs for prisoners.

At the meeting, Rati Bregadze noted that the alignment to the best European standards is a strategic priority of the Ministry of Justice of Georgia and it is reflected in the 10-year development plan of the Justice Ministry.

The Minister of Justice expressed his satisfaction that cooperation in the field of management of penitentiary and probation systems will be deepened and a corresponding memorandum will be signed with the Ministry of Justice of Austria. He also noted that the deepening of sectoral cooperation with European colleagues is particularly important on the path of Georgia's European integration, especially after adopting the European perspective.

At the meeting, they also talked about the construction of small penitentiary institutions. In Georgia, the first small-scale facility for up to 700 convicts will be opened in Laituri. The Minister of Justice invited Friedrich Alexander König to the opening ceremony of Laituri prison in Georgia.

Friedrich Alexander König noted that it was an honor for him to meet with the Minister of Justice of Georgia. "It was a great honor for me to meet the Minister and his delegation to talk about the penitentiary systems of Georgia and Austria and the issues that concern us all. I believe that we can learn a lot from each other, and both sides are very satisfied with this meeting," said König.

The meeting was attended by Deputy Ministers of Justice, Buba Lomuashvili and Tornike Cheishvili, Head of the Special Penitentiary Service, Nika Tshvarashvili and Ambassador of Georgia to the Republic of Austria, Ketevan Tsikhelashvili.

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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.