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Wednesday, 11 May, 2022
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Statement of the Ministry of Justice

Convict Mikheil Saakashvili, does not fully receive the prescribed treatment by his personal decision. In order to minimize the possible risks of deteriorating health resulting from his behavior, the Special Penitentiary Service offered him to be transferred to a multi-profile civil clinic for relevant medical treatment due to the high responsibility the state has for human health and life. The implementation of medical measures requires the informed consent of the person, instead of which the public has seen conditional consent equivalent to an ultimatum.

The Ministry of Justice and its Special Penitentiary Service express full confidence in the medical institutions licensed in Georgia and the medical staff working there, which always protects human health and life.

Expressing unfounded distrust of doctors and trying to interfere in their activities without any consent, delays and hinders the implementation of medical measures necessary for health.

We once again call on convicted Mikheil Saakashvili to use the health services offered to him without reservations in his own interests.

Penitentiary staff, in addition to health care, conduct a variety of activities 24 hours a day to ensure the safety of the inmate. Any decision will be made on the basis of a reasonable balance between these two benefits.

Admission of visitors will be ensured in accordance with the legislation and the recommendations of the medical staff.

We call on politically agitated individuals to refrain from any provocative actions that would prevent Mikheil Saakashvili from making a reasonable decision.

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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.