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Wednesday, 07 September, 2022
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Ministries of Justice of Georgia and German Federation Sign Germany-Georgia Cooperation Program for 2022-2025

The program envisions activities to be implemented in the direction of legal cooperation in civil cases and in the field of penitentiary and probation systems. The document was signed by Minister of Justice, Rati Bregadze and Federal Minister of Justice of Germany, Marko Bushman.

According to the cooperation program, there will be a sharing of sectoral experience on the issues of children's rights, juvenile justice, management and arrangement of the modern penitentiary and probation systems. In addition, Georgia will share the German experience regarding the rehabilitation and re-socialization, education and employment programs for convicts.

After signing the memorandum, Rati Bregadze thanked his German colleague. He expressed hope that the existing legal cooperation between Georgia and Germany will be further deepened and at the same time it will facilitate the process of Georgia's integration into the European Union.

Marko Bushman said that Georgia and Germany are connected by a long friendship. Germany shares the freedom of democracy and the value of the rule of law. The Minister of Justice of Germany noted that he is glad that the cooperation has reached a higher level and the joint cooperation program has been signed.

"The Federal Republic of Germany is ready to help Georgia to gain a place in the European Union. We are impressed by the ambitions and desires related to Georgia's EU membership," said Marko Bushman.

The meeting was attended by First Deputy Minister of Justice, Tamar Tkeshelashvili, Deputies, Beka Dzamashvili and Buba Lomuashvili, and the Georgian Ambassador to Germany.

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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.