The decision of the chair of the Constitutional Court Hrair Tovmasyan to send the case on the ex-president Robert Kocharyan’s immunity to Venice Commission and ECtHR for advisory opinion is the same as submitting a resignation. Of course, this is not the kind of resignation that the part of the society which considers Tovmasyan the last bastion of the former system was expecting.
Hrair Tovmasyan resigned in an original way or he resigned de facto, he resigned from the status of “bastion”. He refused to be the last bastion of the former system, and he has relayed the key question – the immunity of the second president – to ECtHR and Venice, asking for their help in the fight with the government or asking for an argument to share with his camp.
The Constitution which, according to the public-political-opposition assumption, was tailored for Serzh Sargsyan, is ascribed to Hrair Tovmasyan. When it was enforced, it turned out that Hrair Tovmasyan had writting the Constitution for the velvet revolution in the direct and figurative sense of the word. At the end of the day, he became the last bastion because of this. “Just like the Constitution you wrote led to a revolution, and gave the leader of the revolution the status of super prime minister, now you should rid us of the super prime minister,” perhaps was roughly what the second president’s aides told Hrair Tovmasyan.
In addition, facing trial two months after the revolution, Robert Kocharyan started making hints that Serzh Sargsyan’s resistance to the starting movement was “suspiciously passive”.
Moreover, Robert Kocharyan did not hide that the developments would not take that turn had Serzh Sargsyan not changed the Constitution and refrained from the third term with an open ended tenure as prime minister.
Hence, Hrair Tovmasyan is not a bastion for the former ruling system or simply Robert Kocharyan but an the accused, and is looking for protection in Venice and ECtHR for himself, not for the second presdient. Because he may not be forgiven for a simple resignation.