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Tuesday, 18 October, 2022
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Ministries of Justice of Georgia and the Czech Republic Sign Joint Declaration

A joint declaration was signed today between the Ministries of Justice of Georgia and the Czech Republic.

The cooperation between the ministries of justice of Georgia and the Czech Republic, which started within the framework of the ministerial meeting organized by the Council of the European Union in Prague, continued today with the signing of a joint declaration. The Georgian Minister of Justice met today with the delegation of the Czech Ministry of Justice. The cooperation document was signed by Rati Bregadze and his Czech colleague, Pavel Blažek.

The document includes cooperation in the field of justice reform and support for digital governance; as well as: promoting the process of convergence with the EU legislation; effective management of penitentiary, probation and crime prevention systems; and strengthening legal mutual assistance and other directions.

Rati Bregadze noted that it is important for the Ministry of Justice to establish bilateral relations with partners in such priority directions as: strengthening approaches based on the protection of human rights, continuing reforms in the system of the Ministry of Justice, digitalization of state services, increasing accessibility and progress of electronic governance.

The Minister of Justice thanked his Czech counterpart for his continuous support for the process of Georgia's integration into the European Union and its territorial integrity. According to him, the strengthening of institutional cooperation between the two countries, including in the process of approximation of the legislation of Georgia with the legislation of the European Union, is very important.

The parties also talked about both European integration and deepening of bilateral relations. "Today, we continued to discuss how Georgia meets the Copenhagen criteria, after which the country will receive the status of a candidate for the EU member state. It can be said that Georgia is making every effort to fulfill these conditions. Accordingly, I will inform the European Commissioner about these steps forward. I also had the opportunity to visit the Rustavi penitentiary facility, where I was convinced that the Georgian penitentiary system meets the standards of the European Union," said Pavel Blažek.

At the end, Rati Bregadze together with his Czech counterpart discussed the initiative of creating a Georgia-Czech legal forum, which will be hosted alternately by Tbilisi and Prague every year.

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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.