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Thursday, 11 November, 2021
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Rati Bregadze: “Who Accuses Us of Torture? "The Regime That Took Prisoners and Handcuffed Them to the Dead?!"

"This is the turning point when someone dares to tell such a similar lie, when someone accuses us of torture. And who accuses us of torture? The regime that took prisoners and handcuffed them to the dead?!" - The Minister of Justice Rati Bregadze spoke about it on Rustavi 2.

"I want the public to know the truth. When this emergency vehicle stopped, as Mr. Gvaramia says, it was as if we had stopped this vehicle 30 meters away from the entrance specifically, for the purpose, as he says, of dragging the prisoner for 30 meters. Naturally, this could be already rated as a degrading treatment, right?! It was as if all the other prisoners had to see how Saakashvili was being dragged, which is a complete lie, and the public saw it - how the emergency vehicle stopped directly next to the ramp and it was at that point that he was taken out of the vehicle," 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.