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Wednesday, 07 September, 2022
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Delegation of Ministry of Justice Visits Heidering Penitentiary Facility

Minister of Justice, Rati Bregadze along with his deputies and the Georgian Ambassador to Germany visited the Heidering Penitentiary facility. The delegation was introduced to the German model of management of the penitentiary system, programs of rehabilitation and re-socialization, education of convicts, sports and employment.

The parties shared their experience and existing knowledge in the direction of proper functioning of penitentiary services. Rati Bregadze spoke about the projects of the Ministry of Justice.

At the meeting, the concept of "digital university" was discussed in detail, which the German side was interested in. Through this project, convicts have the opportunity to participate remotely in the process of learning in higher education institutions in an online format. In the future, Georgia will cooperate with Germany in terms of sharing experience regarding the "digital university".

Within the framework of the visit, Rati Bregadze spoke about the innovative technological device PROBBOX created for probationers. This technological device integrates all the services for which the probationers had to go to the probation offices until now. Neighboring countries have already shown interest in these projects of the Ministry of Justice, and Georgia is ready to share this experience with them.

The development of the penitentiary and crime prevention system is one of the main priorities of the Ministry of Justice. The agency has specified specific measures in its 10-year development plan. Among them, new, Construction of small-scale family-type penitentiary areas, increasing the access of convicts to education, promotion of activities outside the convict cell, for which various important projects are implemented. The Ministry of Justice promotes the employment of prisoners and the acquisition of skills necessary for the future profession.

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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.