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Monday, 13 December, 2021
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Rati Bregadze Introduces Juvenile Justice Code and Georgian Model of Restorative Justice to the Participants of the Council of Europe Ministerial

Minister of Justice of Georgia, Rati Bregadze introduced the Code of Juvenile Justice and the Georgian model of restorative justice to the participants of the high-level conference organized by the Council of Europe.

The Ministerial "Crime and Criminal Justice - the Role of Restorative Justice in Europe" is attended by President of the Parliamentary Assembly of the Council of Europe, Rick Demes, President of the Venice Commission, Gianni Buquicchio, Minister of Justice of Italy, Marta Cartabia, and justice ministers of other European countries.

The Minister of Justice of Georgia spoke about the Georgian Code of Juvenile Justice. The Code serves the best interests of juveniles and aims to re-socialize and rehabilitate juveniles in conflict with the law, protect the rights of defendants and witnesses under the age of 18, and prevent them from re-offending. Rati Bregadze also spoke to the participants of the Ministerial about the diversion and mediation programs, which are alternative mechanisms for juvenile justice. These mechanisms enable young people in conflict with the law to avoid prosecution, punishment and, consequently, criminal liability; Instead, it offers juveniles and adults under the age of 21 the opportunity to participate in voluntary programs tailored to them.

The Minister of Justice of Georgia emphasized that as a result of the reforms carried out in this field, 5,200 juveniles have been given another chance to avoid criminal prosecution and liability in 2010-2021 years. In the 3 years since the diversion program was completed, only 9% of them have committed a crime, which is a testament to the success of the projects. During the visit to Italy, the Minister of Justice of Georgia will deliver a speech at two more sessions of the Ministerial. Rati Bregadze has already held a meeting with his Italian counterpart. Face-to-face meetings are planned with the Ministers of Justice of Hungary, Armenia and Azerbaijan.

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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.