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Wednesday, 07 September, 2022
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Rati Bregadze Holds a Meeting at Humboldt University as Part of His Official Visit to Germany

During the meeting with the Deputy Dean of the Law Faculty of Humboldt University, Martin Heger, the Minister of Justice stated that for him, as for a graduate of the German Academy, the process of rapprochement of the Georgian-German academies is particularly important. Here he expressed his gratitude for the opportunity for Georgian students to study in Germany.

Rati Bregadze spoke about the fact that a law informatics course will be created on the basis of the Training Center of Justice. In Georgia, this direction of law is not taught at law faculties. During the meeting with the Minister of Justice, Martin Heger said that it would be interesting to involve the Humboldt University in this regard, as well as to share the German experience in the field of criminology.

Rati Bregadze also spoke about the strategic approach of the Ministry of Justice that in its daily activities, justice and rule of law projects are based on evidence, science, analytics and human rights-based approaches. To support this approach, the bilingual legal magazine Iustitia was founded in 2021, where scientific works are published; A memorandum of cooperation was signed with the Georgian Academy of Sciences; The scientific-advisory council under the Ministry of Justice was founded.

The Ministry of Justice signed memoranda with local universities. The students of the mentioned university will have the opportunity to practice in the Ministry of Justice, which in turn contributes to the attraction and development of intellectual resources.

First Deputy Minister of Justice, Tamar Tkeshelashvili and Deputies, Buba Lomuashvili and Beka Dzamashvili, and Ambassador of Georgia to Germany, Levan Izoria also attended the meeting held at Humboldt University.

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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.