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Monday, 26 September, 2022
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Rati Bregadze Introduces the Ministry's Priorities to the Turkish Ombudsman

Minister of Justice, Rati Bregadze hosted today the Ombudsman of the Republic of Turkey, Sheref Malkoc. The parties discussed the successful cooperation with Turkey in the field of criminal law and shared recommendations and opinions regarding the protection of human rights in this field.

Topics of discussion covered specific cooperation initiatives, the implementation of which will make the existing strategic and friendly relations between Georgia and Turkey even more intense.

The Minister introduced to the Ombudsman of the Republic of Turkey the priorities of the Ministry's activities, which are outlined in the 10-year Action Plan of the Ministry. Among them, one of the priorities of the Ministry is the reform of penitentiary and probation systems.

According to the Minister, it is important for the agency to further develop the indicated systems in accordance with the best European and international standards, for which a number of thematic reforms are being carried out.

As it was mentioned at the meeting, work is underway in Georgia to further develop the approaches to the rehabilitation and re-socialization of the convicts, in the process of which the interests and needs of foreign prisoners are equally taken into account.

Deputy Minister of Justice, Beka Dzamashvili also attended the meeting held at the Ministry of Justice.

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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.