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Monday, 15 August, 2022
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National Agency for Crime Prevention, Enforcement of Non-custodial Sentences and Probation Will Be Implementing a New Prevention Measure - Movement Restriction

The concept of restricting movement as a form of preventive measure was discussed by members of the legislative and executive authorities.

The purpose of the amendments is to introduce a new measure into the Criminal Procedure Code - restriction of movement, which is enforced through electronic monitoring, and the use of electronic surveillance for those accused of violence against women.

According to the initiative, the implementation of the new mechanism will be ensured by the Ministry of Justice's National Agency for the Execution of Non-custodial Sentences and Probation. Therefore, the effectiveness of movement restrictions will depend on the agency's technical and human capabilities. Minister of Justice, Rati Bregadze spoke about these issues today.

According to the Minister of Justice, all initiatives in penitentiary and probation systems, including the movement restriction mechanism, serve to protect human dignity and rights. On the one hand, it implies a humane approach to accused persons and the use of a lighter form of detention instead of imprisonment for them, and on the other hand, it saves state funds - enforcement of movement restrictions requires approximately 80% less financial costs than providing imprisonment.

Rati Bregadze emphasized the fact that this prevention measure will not apply to all types of crimes and its use will be the prerogative of the court. According to the minister, the National Agency for the Execution of Non-custodial Sentences and Probation will purchase 1,000 wristbands and the same number of servers in the first stage for the enforcement of movement restrictions. In addition, it is planned to increase the number of employees of the electronic monitoring center and train them.

According to the Minister, the probation system is always ready for innovation. A good example of this is Probbox - an electronic service system for probationers, as well as a 24-hour monitoring service, which was created in the National Agency for the Execution of Non-custodial Sentences and Probation last year.

At the meeting, Deputy Minister of Justice Buba Lomuashvili presented the necessary measures for the implementation of the new prevention mechanism.

Speaker of the Parliament, Shalva Papuashvili, Prosecutor General, Irakli Shotadze, and Counselor of the Department of Justice of the US Embassy, Lena Owens, as well as representatives of the Public Defender, Lawyers' Bar Association, Young Lawyers' Association, Legal Aid Service, other state agencies and non-governmental organizations participated in the discussion of this legislative initiative.

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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.