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Saturday, 24 September, 2022
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The Committee of Ministers of the Council of Europe Adopts Strict Interim Resolution on the So-called Deportation Case

The Committee of Ministers of the Council of Europe discussed the "Georgia against Russia (I)" (the so-called "deportation case") at the September debate of this year. At the session, the Georgian representation emphasized the importance of the implementation of the decision of the Strasbourg court in the case under consideration and voiced a clear position that despite the termination of the status of a member of the Council of Europe for the Russian Federation, the respondent state still remains unconditionally obliged to implement the decision.

Within the debates of the Committee of Ministers, the absolute majority of the delegations strongly condemned Russia's non-fulfilment of the above-mentioned obligation and fully shared the position of the representatives of Georgia.

Within the framework of the resolution, the Committee expressed its deep regret that, despite signing the memorandum of understanding, the Russian authorities have not paid the amount awarded to the victims by the European Court. According to the Committee of Ministers, the delay in the execution of the decision particularly harms the interests of the victims.

At the initiative of the Georgian side, the Committee of Ministers called on the member states to use all means to ensure the execution of the case. At the same time, the Committee shared the position of the Georgian side that in the conditions of the termination of the status of a member of the Council of Europe for Russia, it is necessary to develop a strategy for the supervision of the implementation of the decisions taken against Russia, with the involvement of all member states, and instructed the Secretariat of the Committee to submit relevant proposals and a vision for the implementation of the case under consideration before the next session, which will be held in December 2022.

As is known to the public, according to the decision of the Strasbourg Court of January 31, 2019, the Russian government was obliged to pay 10,000,000 euros to the Georgian side to be transferred to the victims who were victims of mass deportation from Russia in 2006. However, despite the efforts of the Georgian side and the Committee of Ministers, which ended with the signing of a memorandum of understanding at the end of 2021, Russia has not yet paid the amount.

At the initiative of the Georgian side, the Committee will return to the consideration of the deportation case at the next session, in December 2022.

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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.