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Wednesday, 15 December, 2021
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Rati Bregadze Participated in a Ministerial Organized by the Council of Europe

The High-ranking Ministerial Meeting "Crime and Criminal Justice - the Role of Restorative Justice in Europe" was attended by the Minister of Justice of Georgia, President of the Parliamentary Assembly of the Council of Europe, Rick Demes, President of the Venice Commission, Gianni Buquicchio, Minister of Justice of Italy, Marta Cartabia, and justice ministers of other European countries.

Rati Bregadze delivered a speech at three sessions of the Ministerial. The Minister of Justice of Georgia introduced the Juvenile Justice Code and the Georgian model of restorative justice to his colleagues.

result of the reforms carried out in this area, 5,200 juveniles have been given another chance to avoid criminal prosecution and liability in the last 2 years. In the 3 years since the diversion program was completed, only 9% of them have committed a crime, which is a testament to the success of the projects.

The Minister of Justice of Georgia also shared his visions for the further development of restorative justice with the ministers of European countries. In parallel with the Ministerial, Rati Bregadze held meetings with the Ministers of Justice of Italy, Hungary, Armenia and Azerbaijan.

At the meeting with the Minister of Justice of Italy Marta Kartabia, Rati Bregadze spoke about the ten-year development strategy of the Ministry of Justice of Georgia. Particular attention was paid to the process of harmonization of Georgian legislation with the European Union and the issues of cooperation with Italy in this regard. The parties also discussed the possibility of concluding a memorandum of cooperation.

A memorandum of cooperation was signed with the Hungarian Ministry of Justice. During the meeting with his Armenian and Azerbaijani counterparts, Rati Bregadze spoke about bilateral relations and planned reforms in the field of service delivery. The project of the Mobile Public Service Hall, which has been operating in Georgia since August 2021, has aroused special interest among colleagues.

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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.