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Monday, 13 December, 2021
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Rati Bregadze Shares His Vision for the Development of Restorative Justice with the Participants of the High-Level Conference organized by the Council of Europe

Minister of Justice of Georgia, Rati Bregadze presented today his vision of the development of restorative justice to the participants of the high-level conference organized by the Council of Europe. This was the second session of the Ministerial, at which the Minister of Justice of Georgia delivered a speech. 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.

Based on this statutory requirement every lawyer, investigator, prosecutor, judge, police officer, mediator, social worker, probationer officer engaged in administration of justice related to juveniles, have completed special trainings on the methods of interaction with minors and other related matters.

The Minister of Justice of Georgia spoke about the practice in the field of restorative justice in Georgia. As he noted, according to the Juvenile Justice Code, any person involved in juvenile justice proceedings shall be specialized in this area. Accordingly, lawyers, investigators, prosecutors, judges, police officers, mediators, social workers, probation officers have completed special trainings on the methods of interaction with minors and other related matters.

According to Rati Bregadze, while there is still no undergraduate/graduate program available in Georgia, in cooperation with the European Union a special manual for universities on restorative justice has been developed; In 2021 special chapter about restorative justice was incorporated in the manual for training of professionals in probation system.

The Minister of Justice also spoke about the training of specialists involved in the juvenile justice proceedings, noting that the Ministry of Justice has developed a mediator’s registry mechanism that allows mediators to be trained and prepared for practice through the professional mentorship program; As regards the other actors, such as judges, prosecutors, investigators, police officers and other professionals, their training/retraining is conducted by the training centers of the relevant agencies.

According to Rati Bregadze, despite the steps taken, it is important to include the principles, methods, practices and safeguards of restorative justice in university curricula and other education programs so that all professionals have the necessary knowledge and information to work with juveniles in restorative justice.

During his visit to Italy, the Minister of Justice of Georgia will deliver a speech at another session 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.