On November 15, 2017, Tbilisi City Court terminated the administrative case of non-fulfillment of Public Defender's lawful request by Vakhtang Gomelauri, Head of the State Security Service, due to the absence of any offense. The Public Defender appealed against the Tbilisi City Court’s decision at the Tbilisi Court of Appeals.

Case proceedings are underway at the Public Defender's Office regarding the legality of the refusal to grant a refugee status to Azeri citizen D.A. The Public Defender requested information necessary for studying the case from Vakhtang Gomelauri, Head of the State Security Service of Georgia, on July 3, 2017. However, despite the requirement of the law, the Head of the State Security Service did not provide the Public Defender with the requested information on the motive that the Public Defender has no access to this kind of secret information.

Pursuant to paragraph 1 of Article 23 of the Organic Law on the Public Defender of Georgia, "All state and local self-government bodies, officials and legal persons are obliged to provide the Public Defender with the materials, documents and other information needed by the Public Defender to fulfill his/her mandate,” while under Article 20 of the same law, the state, commercial or other confidential information protected by law, shall be provided to the Public Defender according to the rules defined by law.

According to Article 18 of the Law of Georgia on State Secrets, the Public Defender of Georgia has guaranteed access to state secrets. Accordingly, the Public Defender shall be providedwith materials containing state secrets, including on issues related to state secrets in the fields of defense, economy, foreign affairs, intelligence, state security and law enforcement under this law, as no other law sets out procedures of access to state secrets. In addition, when it comes to an alleged human rights violation, an independent body (be it the Public Defender or court) should have access to materials, including documents containing state secrets, otherwise it will be impossible to control the activities of a state agency.

Tbilisi City Court did not share the Public Defender's arguments, which served as basis for the Public Defender to appeal against the court’s decision.