On September 14, 2017, Batumi City Court found that the Director of the penitentiaryestablishment N3 of the Ministry of Corrections of Georgia had violated the law.

On 29 May, the Public Defender’s Office of Georgia sent a letter to the Director of the penitentiary establishment N3 of the Penitentiary Department and requested information needed to study the issue indicated in the application of convict M.Sh.

The convict pointed out that he appealed to the Tbilisi City Court on January 23, 2017, in order to appeal against the refusal of the local council of Western Georgia on his early release. The complaint was submitted to the administration of the penitentiary institution N3, though the Tbilisi City Court had never received the complaint.

In order to study the issue, the Director of the penitentiary establishment N3 was requested to inform the Public Defender's Office whether they had submitted M.Sh.’s application of 23 January 2017 to the Tbilisi City Court and to explain the reason for positive/negative decision if there was any.

According to the letter of the Director of the penitentiary establishment N3 of 8 June 2017, the Public Defender's Office was notified that pursuant to the law on Personal Data Protection, criminal records represented a special category of personal data and the Public Defender's Office was asked to present the convict’s consent on the issue of such information.

According to the Batumi City Court's decision of 14 September 2017, information requested by the Public Defender's Office was not related to criminal records of the convict and therefore, the Director of the penitentiary establishment N3 was obliged to provide the Public Defender's Office with the information.

According to paragraph 1 of Article 23 of the Organic Law of Georgia on the Public Defender of Georgia, "All state and local self-government bodies, officials or legal persons are obliged to assist the Public Defender of Georgia and immediately provide him with materials, documents and other information necessary for him to fulfill his function." According to paragraph 2 of the same Article, "Upon the request of the Public Defender of Georgia or during the examination, the state agency, official or legal person, whose action or decision is being challenged or examined, is obliged to provide explanations to the Public Defender about the disputed issue."

The Director of the penitentiary establishment N3 was fined GEL 800 for non-fulfillment of the Organic Law of Georgia on the Public Defender of Georgia.