Constitutional Court Prolonged Examination of Kocharyan’s Charges

Armenia


The Constitutional Court has prolonged the term of preliminary study of the application to on the case of the second president of Armenia Robert Kocharyan and others until July 9.

Judge Davit Grigoryan had applied to the Constitutional Court for the criminal case of Robert Kocharyan and others requesting to discuss and clarify the compliance of Article 300.1 Para 1 of the Criminal Code on toppling constitutional order and Article 300 Para 1 on usurping power with Articles 72, 73 and 79 of the Constitution, as well as to interpret Article 56.1 (the president of Armenia has immunity) and Article 57 of the Constitution (the president may be impeached for high treason or other grave crimes).

The judge suspended proceedings until the decision of the Constitutional Court. On May 23 the Prosecutor General’s Office appealed against the two decisions of Judge Davit Grigoryan. The hearing of the appeal was on June 12, at midday.

Prosecutor General Artur Davtyan told reporters that the judicial act was groundless and unlawful and evidence to delaying the examination of the case. He noted that the court finds an issue with constitutionality of these norms, committing serious mistakes relating to definitions provided by law. In addition, he says, the Constitutional Court has already concluded that the courts can interpret such issues.

Artur Davtyan said Robert Kocharyan’s arrest is not someone’s whim. “We all understand what a criminal case we are dealing with. 11 years later you saw that a murder is revealed [Gegham Petrosyan, ex-police official, charged with murder of Zakar Hovhannisyan – ed.], But these cases are interrelated. Over 1000 people have been interviewed, and 1000 and more need to be interviewed,” Davtyan said.

The prosecutor general claims that there is a high probability that Kocharyan will influence the examination of the case. “The probability is clearly big. In such a situation there is a risk of illegal influence,” Davtyan said. “There is not a specific fact of unlawful influence but the point is not about facts. The legislation on criminal procedure, as well as our case law and the European case law are about situations and risks looking at the future. It is said there is a probability that he will hinder, he will flee, in other words, it is not about a fact,” Davtyan concluded.



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