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USAID RULE OF LAW PROGRAM
USAID სამართლის უზენაესობის პროგრამა

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12 May 2023

Public Discussion on ECtHR Judgments on Freedom of Expression in Georgia

Freedom of expression is a fundamental human right protected by national and international human rights law, including the European Convention on Human Rights. The European Court of Human Rights (ECtHR) has issued several judgments in recent years regarding this right in Georgia.

On May 12, 2023, more than 130 law students from various universities in Tbilisi and the regions, including Batumi, Zugdidi, Kutaisi, and Telavi, attended a public discussion on the latest judgments of the ECtHR regarding freedom of expression and cases against Georgia.

The event was organized by the House of Justice and Grigol Robakidze University, with support from the USAID Rule of Law Program. During the discussion, the students had the privilege of hearing from two ECtHR judges, Lado Chanturia and Tim Eicke, who provided valuable insights into the legal standards and principles involved in protecting freedom of expression.

In his welcome remarks, the Rector of Grigol Robakidze University, Mamuka Tavkhelidze, emphasized the importance of the opportunity for law students to hear from ECtHR judges, particularly for those aspiring to practice law in Europe or in areas dealing with human rights issues. The Head of the House of Justice, Eka Beselia, expressed her gratitude to the European guests for their contribution of time to the visit.

USAID Rule of Law Program Legal Education and Bar Reform Specialist Mariam Vardosanidze highlighted the importance of such initiatives in enabling law students to engage in professional discussions on fundamental rights of people and national court judgments, which can help them develop critical thinking skills and legal reasoning abilities essential for their future careers.

Judge Chanturia encouraged the students to read ECtHR judgments in detail, as they provide a valuable opportunity to learn how the ECtHR interprets the European Convention on Human Rights and applies human rights principles to real-life situations. He spoke on importance of Article 10, which protects an individual’s right to hold your opinions and express them freely without government interference, and discussed recent ECtHR decisions against Georgia, including Urtmelidze and Others v. Georgia, Dvalishvili v. Georgia, and Zhdanok and Others v. Georgia, which illustrate the ECtHR's role in protecting freedom of expression and assembly in Georgia and ensuring that authorities respect individuals' rights to criticize government officials, form political parties, and peacefully protest controversial government policies and private development projects.

Judge Eicke discussed ECtHR decisions that have played a significant role in shaping the interpretation and application of freedom of expression in Europe, such as Axel Springer AG v. Germany, E.S. v. Austria, and Cumhuriyet v. Turkey.

The discussion was active, and the students asked insightful questions on topics related to freedom of expression, including the admissibility of applications to ECtHR, the approach to cases involving hate speech, the enforcement of ECtHR decisions, and the impact of new technologies and forms of expression, such as social media.

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