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USAID RULE OF LAW PROGRAM
USAID სამართლის უზენაესობის პროგრამა

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10 Dec 2022

Freedom of Expression PG Judges and Legal Practitioners Discussed Court Practice

Thirty judge members of the Freedom of Expression Practice Group, representatives of state institutions, practicing attorneys, and civil society representatives gathered to discuss the existing court practice and the main challenges confronting the freedom of expression in Georgia. 

The key presenters at the meeting [December 10, 2022] included administrative and civil law judges from Supreme Court of Georgia (Tamar Zambakhidze), Tbilisi City Court (Tamar Chikhladze), Tbilisi Court of Appeals (Ketevan Meskhishvili), Tbilisi City Court (Tamar Lakerbaia). The civil society, state and legal support provider institutions represented at the meeting included: Georgian Democracy Initiative (GDI), Georgian Bar Association (GBA), Public Defender’s Office, Women’s Initiative Supporting Group (WISG), Legal Aid Service (LAS), Georgian Young Lawyers’ Association (GYLA). 

USAID Rule of Law Program Chief of Party Giorgi Chkheidze welcomed the event participants. Acting Public Defender of Georgia, Tamar Gvaramadze said that it is extremely important to discuss issues such as freedom of expression, pluralism and media freedom in Georgia: "Such meetings help us to exchange opinions, reconcile our positions, and as a result take some positive steps that will contribute to the improvement of the human rights situation and judiciary processes in the country."

Tbilisi Court of Appeals Judge Ketevan Meskhishvili stated that “even without legislative changes, good court practices can be created by individual judges through legal reasoning and interpretation of domestic laws and application of the case law of the European Court of Human Rights.”

Supreme Court of Georgia Judge Tamar Zambakhidze noted: "We all agree that freedom of expression is a cornerstone of a democratic society and an important prerequisite for the development of any individual. The greatest importance is attached to the development of judicial practice on these disputes in order to achieve a fair balance between, on the one hand, freedom of expression and, on the other hand, the rights of other persons, the common public interest. All this is greatly facilitated by the meetings of the Freedom of Expression Practice Group organized by the USAID Rule of Law Program, where judges, lawyers, representatives of non-governmental organizations have the means to jointly discuss problematic issues and standards for the protection of freedom of expression.”

"Today we had the opportunity to look at problematic issues related to freedom of expression from different perspectives. It may be interesting for the judges to hear how civil society views a particular issue of freedom of expression; it is also important for us to inform them of our position and to know the view of the courts regarding these topics. Such direct meetings strengthen our ties with the courts and, as a result, we understand each other better," said GYLA lawyer Nona Kurdovanidze.

To promote a quick resolution of the problems identified, with support from the USAID Rule of Law Program, the judge participants will discuss these problems with the other members of the Freedom of Expression Practice Group and plan activities to ensure an appropriate approach in the courts’ practice.

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