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Tuesday, 28 December, 2021
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Minister of Justice Regarding Mikheil Saakashvili Faking Illness - I Cannot Rule Out Anything and I Cannot Confirm Anything, this is what the Doctors Should Discuss

According to the Minister of Justice, there was no attempt to forcibly transfer Mikheil Saakashvili from Gori Hospital. Rati Bregadze clarified that when a prisoner does not obey the lawful request of the employee, in this case, it is possible to take coercive measures against him. However, due to the fluctuations of Mikheil Saakashvili's blood pressure, such a fact did not occur.

"He was discharged from Gori Military Hospital. The penitentiary staff arrived. This decision was introduced in very calm and acceptable forms and he did not obey the lawful request of the penitentiary staff. Where do you get this information ...? I say again, everyone is equal before the law and when a prisoner does not obey the lawful request of the employee, in this case, of course, it is possible to take coercive measures against him. But as I have already told you, he had problems with blood pressure and a corresponding decision was made.”

According to the Minister, the Penitentiary Service has no obligation to agree with the lawyers on the decision to transfer the prisoner.

"As for informing the lawyers, you should get acquainted with the law of Georgia and know that when a prisoner is transferred, this is not agreed with the lawyers and it is not necessary to have a written procedure. The lawyer can visit him at working hours during the working days in accordance with the law. Do not pretend that the penitentiary service has violated any norm," 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.