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Saturday, 01 October, 2022
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Rati Bregadze Meets with Director General of the Prison Service of Ireland

Within the framework of the ministerial held in Dublin, Rati Bregadze visited today the penitentiary institution of Dublin and met with the Director General of the Irish Prison Service, Caron McCaffrey.

At the meeting, the Minister of Justice of Georgia stated that protecting the rights of persons with limited freedom at a high level is the main priority of the Ministry; The development of penitentiary, probation and crime prevention systems is carried out in accordance with the best European and international standards.

Rati Bregadze introduced to Caron McCaffrey, the innovations introduced in penitentiary institutions in the direction of rehabilitation and re-socialization. The subject of special interest of the Irish colleagues was the digital university and sports management system. At the invitation of Rati Bregadze, the delegation of the Prison Service of Ireland will visit Georgia. The purpose of the visit will be to share Georgian experience and plan joint projects.

Speaking to the Director General, the Minister of Justice also emphasized the importance of small prisons. Rati Bregadze said that this type of prison will be opened in Georgia by the end of this year.

The Minister of Justice is in Ireland at the ministerial meeting of the member states of the Council of Europe. The event is dedicated to the discussion of domestic, sexual and gender-based violence.

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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.