The Bar Human Rights Committee of England and Wales (BHRC) has filed a third-party intervention in the case of Brachveli and Romanadze v Georgia, currently pending before the European Court of Human Rights. The case concerns the administrative arrest, detention, and fining of two protestors who participated in a peaceful demonstration in Tbilisi on 2 June 2023. The applicants had displayed banners containing satirical and provocative language critical of the Georgian Prime Minister, which domestic authorities deemed obscene.
BHRC’s intervention addresses the scope of protection afforded under Articles 10 and 11 of the European Convention on Human Rights, particularly in relation to political protest and speech that may be considered vulgar or offensive. Drawing on established jurisprudence, BHRC emphasises that the Convention protects not only speech that is favourably received or regarded as inoffensive, but also that which “offends, shocks or disturbs”. The Court has consistently held that political speech and debate on matters of public interest enjoy a privileged status under the Convention, requiring “very strong reasons” to justify any restriction.
In its submission, BHRC submits that the use of vulgarity or provocative metaphor, particularly in the context of political critique, must be assessed holistically and not dissociated from its intent or context. Further, the limits of acceptable criticism are broader for public figures, including politicians, who must tolerate a higher degree of scrutiny and satire.
BHRC further urges the Court to consider the broader context in Georgia. Both recent judgments of the Court and reports of UN Special Rapporteurs have highlighted a deteriorating environment for freedom of assembly and expression in Georgia, including the misuse of administrative offences to suppress peaceful protest.
A copy of the submission can be found here: BHRC Brachveli and Romanadze v Georgia ECHR Intervention
