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Monday, 11 July, 2022
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Deputy Minister of Justice Reviews the Report of the European Committee for the Prevention of Torture (CPT)

Deputy Minister of Justice, Tornike Cheishvili spoke at the event about the positive trends reflected in the CPT monitoring document. It was noted that according to the report of the European Committee, there is a positive and calm relationship between the staff of the penitentiary institutions and the prisoners, and that the delegation did not receive information about any facts of improper treatment of the prisoners by the prison staff.

Tornike Cheishvili also spoke about the CPT's evaluation of the healthcare system of the penitentiary service and noted that the committee considers the treatment of communicable diseases in penitentiary institutions to be quickly and easily accessible, and gives a particularly high rating to the practice of managing COVID, as a result of which, despite the pandemic, it was possible for prisoners to maintain contact with the outside world.

As for the recommendations recorded in the report, according to the Deputy Minister, some of them have already been considered and reflected in the 10-year strategy of the Ministry of Justice. In particular, a new strategy for managing sports in the penitentiary system has already been approved, sports fields have been renovated; the Digital University program was launched. In order to eliminate the existing challenges at the legislative level, active work is already underway on the new Imprisonment Code, which will be presented to the Parliament of Georgia in the autumn session:

"A relevant inter-departmental group, a new imprisonment code, and the activity of the indicated work platform will be focused on the fact that any issue that may be acute in practice today, will first of all be eliminated at the legislative level," said Tornike Cheishvili.

The review of the monitoring report carried out by the CPT in Georgia was organized by the Public Defender of Georgia and was attended by representatives of state agencies, the European Committee for the Prevention of Torture, international organizations and the diplomatic corps.

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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.