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Saturday, 06 August, 2022
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Deputy Ministers of Justice Holds a Lecture "Protection of Georgia's Sovereignty by Legal Ways" in Telavi

The cycle of lectures on the topic - victories of the Ministry of Justice achieve in the European Courts of Human Rights to protect the country's sovereignty and territorial integrity - continued today in Telavi.

First Deputy Minister of Justice, Tamar Tkeshelashvili and Deputy Minister, Beka Dzamashvili spoke to the audience about the ongoing cases against Russia in Strasbourg and the Hague, which ended with decisions of historical significance for Georgia in the case of the August War.

The Deputy Ministers of Justice explained that the confirmation of the occupation of Georgia by the Russian Federation in 2008 by the Strasbourg Court, recognition of the ethnic cleansing of Georgians in the Tskhinvali region; Also, establishing Russia's guilt for killing and torturing Georgian prisoners of war; The inhuman and degrading treatment of military and civilians is a powerful legal tool for the further de-occupation of our country.

The conversation also touched upon the decision of the Strasbourg court to exclude or recognize as inadmissible more than 3,300 complaints filed against Georgia by residents of the Tskhinvali region, which were filed with the coordination of Russia. According to the Deputy Minister, the fact proves once again that during the 2008 war, the Georgian military acted in compliance with the norms of international law. The lecture discussed the issue of arrest warrants by the Hague Court against 3 "high-ranking officials" of the Tskhinvali region, who are accused of torture and ill-treatment of Georgian civilian prisoners during the August war. After Strasbourg, with this decision, the Hague International Criminal Court confirmed the responsibility of specific representatives of the Russian Federation and the separatist regimes for the crimes committed during the August war.

The event was attended by Irakli Shioshvili, the state trustee in Kakheti region, local government representatives, civil servants, and students of Telavi State University.

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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.