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Friday, 04 November, 2022
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Georgia Is Getting Acquainted with the Experience of Training Modules of the Austrian Penitentiary System

Minister of Justice, Rati Bregadze met today with Head of the Training Department of the Austrian Penitentiary Service, Oberst Martin Hoffmann, within the framework of his official visit to Austria. At the meeting, the Minister noted that providing a strong, safe and human rights-based environment is a priority for the agency. According to him, within the framework of the reform of the penitentiary and probation systems, corrections are made considering the best international practice. In this regard, the sharing of European experience is of particular importance.

Rati Bregadze also discussed training modules with Oberst Martin Hoffman. The Minister of Justice expressed interest in the Austrian experience of educational trainings in the direction of training of social workers, psychologists, and medical personnel. The Minister of Justice stated at the meeting that the agency invests significant resources in improving the professional skills of its employees, which are being implemented with the Training Center of Justice.

At the end of the meeting, the Minister of Justice expressed his hope that cooperation between Georgia and Austria will become even more intensive, which acquires special importance in the light of the country's European aspirations and perspective.

The meeting was attended by the Deputy Ministers of Justice, Buba Lomuashvili and Tornike Cheishvili, Head of the Special Penitentiary Service, Nika Tshvarashvili and Ambassador of Georgia to the Republic of Austria, Ketevan Tsikhelashvili.

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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.