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Friday, 08 July, 2022
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National Archive Holds Presentation of Book - “LIBER AMICORUM - Mindia Ugrekhelidze 80”

"LIBER AMICORUM - Mindia Ugrekhelidze 80" - is the name of the book, which tells the reader about the life and work of distinguished Georgian lawyer, academician Mindia Ugrekhelidze. The presentation of the book was dedicated to the 80th anniversary of the scientist.

Documentary and archival material presented in the book, in addition to biographical details, reflect the recent history of the Georgian state and law. Together with the turning points in the history of diplomacy and the development of various branches of Georgian legal science, the book revives the path that was opened for Georgia in the European legal space after gaining independence. Mindia Ugrekhelidze was the first Georgian judge of the European Court of Human Rights and one of the founders of Georgia's legal cooperation with this leading institution of the Council of Europe. At various times, he was the Chairperson of the Supreme Court of Georgia, a member of the World Association of Lawyers, the International Association of Criminal Law and the Venice Commission, as well as an expert of the Tbilisi political school operating in the Council of Europe since 2009.

Today, Mindia Ugrekhelidze continues the development of Georgian legal science as an advisor to the Minister in the Ministry of Justice. He is the editor of the Ministry's bilingual scientific journal - Iustitia, the goal of which is to develop science-based legislation and deepen academic discussion on legal issues. The famous scientist actively participates in the law-making process in attracting scientific potential, which is one of the priorities of the Ministry of Justice. Minister of Justice, Rati Bregadze spoke about the importance of this cooperation at the presentation of the book.

"Mr. Ugrekhelidze played one of the leading roles in the construction of the modern Georgian legal state; He is the educator of several generations of Georgian lawyers and leaves an indelible mark on the development of Georgian law. The first judge of the European Court of Human Rights directly participated in the formation of European values, and we can confidently say that Mr. Mindia Ugrekhelidze is the embodiment of a person who is "Georgian and, therefore, European". We were always honored to receive advices from Mr. Mindia Ugrekhelidze. I want to congratulate you on your anniversary and wish you all the best," said the Minister of Justice.

The book was prepared for publication by Professor, Beka Kantaria of the Caucasus International University. The presentation was organized by the Ministry of Justice of Georgia and supported by the Caucasus International University. The event was attended by members of the executive, legislative and judicial authorities; representatives of scientific circles; as well as students of Mindia Ugrekhelidze.

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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.