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Tuesday, 27 September, 2022
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Minister of Justice, Rati Bregadze Meets with the US Deputy Attorney General, Secretary of International Relations of the Department of Justice, Bruce Schwartz

The parties discussed the issues of deepening bilateral cooperation in the field of justice and agreed that they will work actively to sign the extradition agreement between Georgia and the USA. Rati Bregadze thanked Bruce Schwartz for his support of the reforms implemented and ongoing under the leadership of the Ministry of Justice.

In order to further deepen the cooperation, the Minister expressed the initiative of concluding a memorandum between the Ministry of Justice of Georgia and the US Department of Justice.

The conversation touched on the implementation of exchange programs for the employees of the Ministry of Justice and the Department of Justice. The parties also discussed the possibility of holding a Georgian-American legal forum.

"We are happy to meet with Mr. Schwartz at the Ministry of Justice. We reviewed concrete successful examples of existing cooperation between our agencies. Also, we discussed new initiatives, the implementation of which will bring Georgian-American relations to a new, even higher level in the field of law," said Rati Bregadze.

Bruce Schwartz invited the Minister of Justice to Washington:

"On behalf of the United States Department of Justice, let me say what a great honor it was for me to meet with the Minister and to have the opportunity to discuss with him the issues of the rule of law, and how we advanced the rule of law both in our countries and globally. We talked about the work we are doing collectively on penitentiary and probation systems and wide variety of other issues. We discussed the common goals we have in this context. We noted the fact that we have the potential for discussing an extradition treaty between our two countries, which would further strengthen the relationship and demonstrate the importance of this relationship to both our countries and to the peoples of our countries, so once again, thank you for having me here at the Ministry, I look forward to visits in the futres and I hope to see the delegation of the Ministry of Justice and the Minister in Washington as well," he said.

Deputy Minister of Justice, Beka Dzamashvili also attended the meeting.

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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.