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Wednesday, 11 May, 2022
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Georgia and Switzerland Sign A Memorandum of Understanding on Migration Issues

A memorandum of understanding on migration issues was signed today between Georgia and Switzerland.

The Memorandum is the first agreement between the two countries, which comprehensively regulates the movement of population between Georgia and the Swiss Confederation.

The Memorandum of Understanding was signed by Minister of Justice of Georgia, Rati Bregadze and Minister of Justice and Interior of Switzerland (Federal Adviser), Karin Keller-Sutter.

"This is the first agreement under which we will jointly promote the development of legal migration. We had a very interesting, warm and fruitful meeting. In June we will start taking practical steps, the Georgian delegation will visit the Swiss Confederation and we will begin to deepen cooperation in migration, as well as in all other areas for which the Ministry of Justice is responsible," - said Rati Bregadze.

The cooperation document will facilitate legal migration programs; Strengthen the protection of migrants' rights, ensure the management of migration movements and prevent illegal migration.

Rati Bregadze and Karin Keller-Sutter discussed ongoing projects and initiatives for EU integration, prospects of strengthening penitentiary and probation systems, and providing effective public services. During the meeting, joint activities were planned to share experiences between employees in these areas.

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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.