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Wednesday, 13 October, 2021
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Rati Bregadze: "Our Interest is Only to Protect the Rights of the Prisoner as Much as Possible and to Stabilize the Health Condition"

Members of the group monitoring legal and health condition of Mikheil Saakashvili agreed on the working format. Minister of Justice, Rati Bregadze stated about it after the first meeting of the group. According to the Minister, the members of the interagency working group will regularly exchange information and, if necessary, plan concrete steps together.

"As a result of today's meeting, we agreed that within the framework of inter-agency cooperation, we will regularly share information with each other. We have asked the Public Defender to carry out regular monitoring of the legal situation. A multifunctional group of doctors has already been formed and their involvement will depend on the consent of Mikheil Saakashvili himself," said the Minister.

Rati Bregadze emphasized that the Ministry of Justice is interested in protecting the rights of prisoners as much as possible, and ensuring that the health condition is stable.

"Once again, I want to say, we cannot really give anyone the right to mislead the public. All our actions will be adequate. Our only interest is to ensure the rights to be protected as much as possible and that the state of health is stable. Those who are driven by other goals and in this case are participants in a targeted political campaign, we advise to refrain again due to the prisoner's condition," said Rati Bregadze.

According to the Minister, the standard of protection of prisoners' rights in Georgia is high, which is evidenced by today's meeting. For this, he thanked the Prime Minister of Georgia, all the heads of the relevant agencies and each staff member of the Special Penitentiary Service, who care about the protection of the rights of prisoners, as well as all participants in the meeting, who responded immediately to the request of the Ministry of Justice.

Participants of the today’s meeting of the monitoring group were: Chairperson of the Parliamentary Committee on Human Rights and Civil Integration, Mikheil Sarjveladze; Chairperson of the Parliamentary Committee on Health Care and Social Affairs, Dimitri Khundadze; Minister of IDPs from the Occupied Territories, Labor, Health and Social Affairs, Ekaterine Tikaradze; Public Defender, Nino Lomjaria and Head of the Special Penitentiary Service, Nika Tskhvarashvili.

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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.