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Saturday, 16 October, 2021
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EU-Georgia Association Subcommittee Discusses Georgia's Reforms Aimed at Strengthening Rule of Law, Justice and Security

On October 15, 2021, the EU-Georgia Association Subcommittee on Justice, Freedom and Security held its the seventh meeting. The Subcommittee meetings are usually held annually, alternately in Tbilisi and Brussels. This year the subcommittee meeting was held online.

The meeting of the Subcommittee on Freedom, Security and Justice within the framework of the EU-Georgia Association Cooperation is an important part of the institutional cooperation between Georgia and the EU, which discusses issues such as: reforms of the rule of law, judiciary and law enforcement agencies; Issues of organized crime and other illegal activities (including money laundering and the fight against terrorism); Legal cooperation in civil and criminal cases; Migration, asylum and border management issues, etc. The successful activities of Georgia in the fight against corruption, trafficking, drugs, as well as the ongoing reforms in the penitentiary system were highlighted at the meeting.

The purpose of the meeting is to provide the EU with information on the reforms and achievements aimed at strengthening the rule of law, justice and security.

The meeting of the Subcommittee is coordinated by the Ministry of Justice of Georgia from the Georgian side with the involvement of the Parliament of Georgia; the Government Administration; the Ministry of Internal Affairs of Georgia; the Georgian State Security Service; the Ministry of Foreign Affairs of Georgia; the Chief Prosecutor's Office; the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs; the Financial Monitoring Service; the Public Services Development Agency; the High Council of Justice; representatives of the Office of the State Inspector.

Representatives of the European Commission, the European External Action Service and the EU Delegation to Georgia took part in the meeting of the EU Subcommittee.

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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.