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Thursday, 11 November, 2021
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Justice Minister: "Penitentiary Staff Spoke to Saakashvili Politely, And Only Insulting Words Could Be Heard in Response"

According to the Minister of Justice, the process of transferring convicted Saakashvili to N18 penitentiary institution was carried out in compliance with his rights. Rati Bregadze indicated to the footage released today to confirm this.

"Footage was spread when he had a talk with the employees in the emergency vehicle for about 15 minutes, they talked to him politely, urging to leave the car; They told him it it had to be done for his health and in response the employees could only hear insulting words,” said the Minister of Justice.

According to Rati Bregadze, convicted Saakashvili was insulting people who work tirelessly for the safety of each of us:

"It is not easy to listen when such insults are undeservedly addressed to persons who care and work for each of us, for the safety of our families, day and night. Naturally, we will not allow anyone to do that; No prisoner or human being should be allowed to treat unfairly our employees and disobey their lawful request."

As for the use of force, after Saakashvili did not obey the staff of the penitentiary institution, according to the Minister of Justice, they used "completely proportional force". Rati Bregadze also noted that the fact is being investigated by the General Inspection of the Ministry of Justice and the State Inspector's Office and the final legal decision will be determined by the investigation.

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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.