The Prosecutor General’s Office has commented on the decision of the Constitutional Court on the application by the ex-president of Armenia stated that there are no grounds to release Robert Kocharyan from custody.
The Prosecutor General’s Office told Armenpress that there were several interpretations of the aforementioned decision of the Constitutional Court which were all based on analyses of separate paragraphs and do not emanate from the meaning of the decision.
In particular, the Constitutional Court recorded that such special and necessary regulations emanating from the Constitution which would enable initiating criminal prosecution of officials who have functional immunity and to assess during the implementation whether the act or inaction ascribed to them emanates or emanated from their current or former status or activities or not are missing.
Therefore, the issue of presence of functional immunity must be addressed within the framework of general criminal procedure regulations by the investigator or prosecutor in the pre-trial proceedings or by the court during the trial, the Prosecutor General’s Office states.
As to the decision of the Constitutional Court to recognize Article 35 of the Criminal Procedure Code as unconstitutional and void, functional immunity ruling out criminal proceedings is not envisaged by Article 35 therefore, there is no procedural basis enabling an authorized body to make an objective decision to not initiate criminal proceedings or to discontinue criminal proceedings towards a person.