The political party Georgian Dream – Democratic Georgia adopted a new charter on 30 December 2023, outlining its internal structure and introducing a new position: Honorary Chairman of the Party. The party congress under Article 61 may elect as honorary chairman a person who has rendered “special services” to the country and the party. The second part of the same article states that the honorary chairman serves as the party’s chief political advisor. Bidzina Ivanishvili, who has repeatedly exited and re-entered politics, was elected to this newly created role.
Political decision-making often entails addressing matters of state importance. That Bidzina Ivanishvili is deeply involved in such processes is underscored by statement from Irakli Kobakhidze on 18 February 2025: “Recent developments have even more clearly confirmed how Georgia has crossed a narrow path, especially in the last four years. If it were not for Bidzina Ivanishvili, Georgia and the Georgian people would be in a much more difficult situation today than Ukraine and the Ukrainian people are now.”
Then Prime Minister Irakli Gharibashvili highlighted his role in recent years on the day Bidzina Ivanishvili was elected as honorary chairman of the party: “I want to tell you that his role over the past three years has been invaluable. I personally do not hide this and there is nothing to hide. I have also had consultations – we have gone through such difficult periods, the entire team has gone through such difficult crises that, of course, it was necessary to hold consultations, I mean on strategic issues.”
The aforementioned statement confirms that Bidzina Ivanishvili is involved in making decisions of state importance, at the very least. Governing often requires access to information not available to public – information that is classified as a state secret.
A state secret is information related to national defence, the economy, foreign relations, intelligence, state security, law and order or civil safety, the unauthorised disclosure or loss of which may harm Georgia’s sovereignty, constitutional order, political or economic interests, or the interests of a party to an international treaty or agreement, according to the first paragraph of Article 1 of the Law of Georgia on State Secrets. Such information is subject to protection by state and must be classified under the procedures outlines in Georgian law of relevant international agreements.
The law establishes the institution of “access” to classified information, as access to state secrets is a necessary condition for carrying out certain functions, yet such information cannot be made available to everyone. There are several forms of such access. Article 18 of the Law of Georgia on State Secrets outlines the category of individuals with guaranteed right to access classified information. This right is automatically granted upon election or appointment to the following positions: the President of Georgia, the Prime Minister, members of the government, the Chairman of the Parliament, the Public Defender, the Chairman of the Supreme Court, the Auditor General of the State Audit Service, the Chairman of the Constitutional Court, the Prosecutor General, the Head of the State Security Service, the Head of the Intelligence Service, the Head of the State Special Protection Service, the President of the National Bank and the Commander-in-Chief of the Defence Forces.
Article 19 of the same law regulates access to state secrets by a state or legal entity. Such access is granted only if the entity has a need to become familiar with classified information, according to the first paragraph. Accordingly, Bidzina Ivanishvili cannot have access under Articles 18 or 19 as he does not hold a state position and is not a representative of a state body.
Article 20 addresses the issue of individual access for those who require access to state secrets but do not fall under the categories defined in Articles 18 and 19. It provides that an adult citizen of Georgia may be granted individual access in the presence of legal grounds, subject to the results of a relevant background check. [1]
There must be a legal basis for an individual to receive access to state secrets in such cases. Georgian legislation does not recognise informal governance as a legitimate basis for such access. Furthermore, former officials lose their right to access classified information once they leave office. Bidzina Ivanishvili has not held the position of Prime Minister since 20 November 2013 – thus, Bidzina Ivanishvili’s access to classified information has been restricted since 20 November 2013. Whilst he served as party chairman between 2018 and 2020, this role – like the honorary chairmanship – does not constitute a legal basis for access to state secrets.
Nevertheless, if the government has indeed granted Bidzina Ivanishvili access to classified information, there must exist an official document authorising such access. This document must specify the legal basis for access and confirm that Bidzina Ivanishvili has undergone the required vetting procedure as per the Law of Georgia on State Secrets.
The fact remains that Bidzina Ivanishvili is actively involved in discussions on matters of state importance – decisions that often require familiarity with classified information. Compliance with the relevant legal procedures is essential in such cases. Otherwise, any access to state secrets by Bidzina Ivanishvili would constitute a violation of the law – both by him and by those disclosing the information. [2]
[1] Granting access to state secrets involves several formal steps: a) submission of the required documentation as outlined in the Authority for Defining and Protecting Information as State Secrets, b) a background check on the individual, c) a written commitment to protect state secrets, d) the individual’s consent to legal restrictions on certain rights due to their access to classified information and e) and informing the individual of the legal consequences for violating this law.
[2] The divulging of state secrets (Article 313), disclosure of state secrets (Article 320) and breach of the procedure for keeping state secrets (Article 321) are criminal offences under the Criminal Code of Georgia.
