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Friday, 05 November, 2021
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Rati Bregadze: "At this stage, Mikheil Saakashvili

Minister of Justice, Rati Bregadze spoke about the health condition of Mikheil Saakashvili on Rustavi 2 and said that, according to the latest information received from the doctors, his health condition is stable and vital parameters are normal. The Minister of Justice spoke about the fact that the Ministry of Justice had received a parliamentary question regarding Saakashvili's meal, about which the agency was obliged to provide information.

Rati Bregadze said that at this stage Mikheil Saakashvili's food ration consists of porridge and natural juices, which is a food ration and has no medical purpose.

“We were addressed by a member of the Parliament of Georgia with a parliamentary question, which we were obliged to answer. There were a few questions here, and one of them was about, yes, food. Here I will tell you and - I say this for the first time on the air, because we have already answered it to the Parliament and this information will already be made public - yes, when he was moved in and received the bank card, and it happened very quickly, in just 2 days, he bought certain products, and then, as you know, he refused to take these foods. Some time passed and he agreed and voluntarily took some porridges, different types, and natural juices. Also, he continues to take the medications prescribed by the doctors. These are different types of porridges and natural juices. This is food and not medical porridge that a prisoner receives," said Rati Bregadze.

The Minister of Justice spoke about the fact that this information is supported by evidence and facts. He said that this information had already been requested by the Parliament and the Ministry of Justice was obliged to provide it. The Minister of Justice did not comment on whether Mikheil Saakashvili has undergone gastric surgery.

"As for any information that may be related to the surgery, of course, this is his personal information and I cannot talk about it," - said the Minister.

The Minister of Justice also spoke about the fact that a number of false information has been spread about the penitentiary institution, which serves to mislead the public. According to the Minister, there is no more talk about Mikheil Saakashvili, because there are other prisoners in the prison and they also have relatives and family members who suffer from any information that applies to the penitentiary institution.

"I must emphasize once again that these people must stop spreading false information once and for all. For so long we have been witnessing how these people are spreading false information about penitentiaries and trying to mislead the public. We are not talking about prisoner Saakashvili anymore, but they should not forget that there are other prisoners in this institution and they also have family members and other relatives who suffer from this false information," said Rati Bregadze. The Minister of Justice once again stressed that doctors and not lawyers should talk about Saakashvili's health condition.

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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.