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Friday, 03 June, 2022
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Public lecture - "Protection of Georgian Sovereignty through Legal Ways" Held at Kutaisi International University

"Legal Security of the Country and Legal Struggle to Defend Georgia's Sovereignty" is a course of public lectures of the Ministry of Justice, which started on May 26 in Ambrolauri on the Independence Day at the initiative of the Minister of Justice of Georgia and will continue throughout the country. Minister of Justice, Rati Bregadze presented the course of public lectures at Kutaisi International University (KIU) today and addressed the audience.

"We started the cycle of lectures symbolically on May 26, Independence Day. We want young people, first and foremost, and all stakeholders to get information on what independence means in legal terms; What is being done to ensure that our national sovereignty is protected at full length; Also, what is the path of the state, the people employed in the Ministry of Justice and various public structures in order to ensure the security of each of us, and the whole world to know that Georgia is an independent, sovereign state and its territories are occupied. The right to say that Russia is an occupier has become possible as a result of the successful work of both the government as a whole and the Ministry of Justice right after the historic decision of the Strasbourg court. The state does not belong to any government - it is the property of the people," said Rati Bregadze.

Beka Dzamashvili spoke to the listeners about the difficult and successful fight that the Ministry of Justice was waging against Russia in the European Courts of Human Rights in Strasbourg and the Hague to protect Georgia's sovereignty and territorial integrity.

He explained the importance of the fact that the courts of Strasbourg and the Hague recognize the territorial integrity of our country in the decisions and confirm that Georgia is occupied by Russia.

Also, what legal levers does the Strasbourg court provide to Georgia for the confirmation of ethnic cleansing of Georgians in the Tskhinvali region by the Russian Federation.

The public lecture was attended by Deputy Ministers of Justice - Tamar Tkeshelashvili, Erekle Gvinianidze, Rector of Kutaisi International University, Alexandre Tevzadze, the Deputy Governors of Imereti, public officials, students, representatives of academia and others.

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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.