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Friday, 05 November, 2021
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Rati Bregadze: "If He Is Transferred to The N18 Facility, Naturally, His Safety Will Be Protected"

"None of the council’s conclusions said that Mikheil Saakashvili needed urgent hospitalization, and especially to a civilian clinic, the term was not mentioned at all," Justice Minister, Rati Bregadze told Rustavi 2.

"If he is transferred to the N18 facility, and this will happen if he needs to be hospitalized, naturally, his safety will be protected. All necessary measures are taken for this. The head of one of the TV stations talked about the fact that a riot was planned there for the subsequent assassination of Mikheil Saakashvili - in this regard, the General Inspectorate of the Ministry of Justice asked him to come and provide information, but he did not do so. Also, we later heard that there was a talk about a Gori military hospital where he was supposed to be kidnapped from by an Ossetian gang - these people should refrain from telling these tales once and for all. Similar kinds of lies are spread every day. Lies will be spread - we will always respond to the public with the truth. We do not even answer them, we only answer our society, the people are tired... I will tell you that when someone dares to talk about torture, maybe these people themselves are carrying out moral terror and forcing prisoner Saakashvili not to stop the hunger strike?! When they are calling on him live on TV not to dare to stop it, otherwise he, as a politician, will be ruined... They should end once and for all the use of this prisoner for their own political purposes. They themselves are abusing prisoner Saakashvili most of all," said Rati Bregadze.

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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.