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Thursday, 11 November, 2021
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​Rati Bregadze: "We Welcome and Fully Share the Spirit of The Strasbourg Decision. The High Standard of The Georgian Penitentiary Is Once Again Confirmed"

Minister of Justice, Rati Bregadze stated at the briefing that he fully shares the spirit of the European Court of Human Rights. According to him, this decision once again proves that there is a very high standard in the Georgian penitentiary system. The Minister also clarified that the appellant party had applied to the ECHR with one specific request - to immediately transfer Mikheil Saakashvili from N18 medical facility to a civil clinic, which was not granted by ECHR.

"The Georgian government has been informed by a letter to the Strasbourg court that Mikheil Saakashvili's representatives have appealed to the European Court of Human Rights with one specific request - to immediately transfer Mikheil Saakashvili from N18 medical facility to a civil clinic. The Strasbourg court did not grant the applicant's request and insisted that Mikheil Saakashvili should end his hunger strike. The decision of the Strasbourg court is very humane, aimed at protecting the interests of the convict. It is gratifying that our spirit is fully matched. The agency has repeatedly stated that our interest is in protecting the health of the prisoner. This decision once again confirms the high standard of the Georgian penitentiary system. We welcome and fully share the spirit of the decision and, obviously, as stated in the decision, we will provide information to the European Court by November 24 about the health and safety of the prisoner and, of course, we will continue to take care of him," said Rati Bregadze.

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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.