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Thursday, 26 May, 2022
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Public Lecture "Protection of Georgian Sovereignty through Legal Ways" - Ministry of Justice Celebrates May 26 in Ambrolauri

The legal security of the country and the legal struggle to protect the sovereignty of Georgia was the topic of a public lecture given by Deputy Minister of Justice, Beka Dzamashvili to the students and teachers of Ambrolauri Public School.

The Deputy Minister spoke to the audience about the difficult and successful fight that the Ministry of Justice was waging in the European Courts of Human Rights in Strasbourg and the Hague to protect Georgia's sovereignty and territorial integrity against Russia.

Beka Dzamashvili explained the importance of the fact that the courts of Strasbourg and the Hague recognize the territorial integrity of our country in the decisions and confirm that Georgia is occupied by Russia in order to protect Georgia's further de-occupation struggle and sovereignty.

The Deputy Minister also spoke about the legal leverage provided by the Strasbourg court in Georgia to confirm the ethnic cleansing of Georgians in the Tskhinvali region by the Russian Federation; As well as establishing Russian guilt for the killing and torture of Georgian prisoners of war; For the inhuman and degrading treatment of the military and civilians.

The lecture also addressed the issuance of arrest warrants by the prosecutor of the Hague Tribunal against 3 "high-ranking officials" of the Tskhinvali region and the detection of the crime of a Major-General of the Armed Forces of the Russian Federation, Deputy Commander of the Air Force; Participants talked about the importance of the decision of the Strasbourg court, the exclusion or inadmissibility of more than 3,300 complaints filed against Georgia by the population living in the Tskhinvali region, which were coordinated by Russia.

Deputy Minister of Justice, Beka Dzamashvili and Head of the Department of State Representation in International Courts, Nino Nikolaishvili also answered the questions of the audience.

A public lecture in Ambrolauri was dedicated to the Independence Day of Georgia.

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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.