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Thursday, 11 November, 2021
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Rati Bregadze: "Our Goal Was, Is and Will Always Be to Inform the Public, And We Are Publishing Footage for This Purpose"


According to Minister of Justice, Rati Bregadze, the Special Penitentiary Service publishes the footage of Mikheil Saakashvili’s transfer to N18 facility in order to inform the public. According to Rati Bregadze, the investigation into the fact of physical and verbal abuse by Saakashvili against the employees of the institution and the damage to medical equipment has already been launched by the General Inspection of the Ministry and the State Inspector's Office.

"Our goal was, is and always will be to inform the public and tell them the truth. To this end, the Special Penitentiary Service publishes footage that will provide our population with information on how prisoner Saakashvili was housed in N18 medical facility; and also, on the fact how Saakashvili physically and verbally abused the employees of the institution and damaged the medical equipment. As I have already told you, the Ministry of Justice has responded to the already mentioned fact and this fact is already being investigated by the State Inspector,” said Minister of Justice, 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.