Tuesday, January 15 2019 13:26

ArmInfo. The defense of the second president of Armenia, Robert Kocharyan, filed a petition to recuse Judge Artur Mkrtchyan for the second time. Kocharyan's team of  lawyers considered that the rationale for appointing Mkrtchyan a  judge in this case was insufficient.  

As the lawyer of the former president Aram Orbelyan told reporters, the court should specify - according to which article of a specific legislative act it was  decided to appoint Artur Mkrtchyan to be a judge. "The matter is that  of the 8 judges on duty on New Year's holidays, it is not clear by  what principle this particular judge was elected," he explained.

As Orbelyan recalled, according to the Judicial Code, there is a certain  procedure for selecting a judge through the electronic system, which  was violated, and the judge was elected only on the basis of the  decision of the chairman of the court. Such a discretionary decision,  according to the lawyer contradicts to the law. "Our demand-request  is that the case be considered by a court, formed on the basis of the  requirements of the law," he said. However, he said that the defense  is not trying to artificially delay the process. The lawyers hope  that if the judge is recused, the case will immediately be referred  to another judge and the court session will continue throughout the  day.  The prosecutor's office again opposed this recusal. The court  retired to the deliberation room for a decision.

Yesterday, the court of first instance in Yerevan had to  simultaneously consider two petitions filed by the defense and the  prosecution: on the use of an alternative measure of restraint  against Kocharyan - release on bail - and extending his arrest for  two months.

The third judge, Artur Mkrtchyan, chaired the trial. In  this case, the court session was interrupted a few minutes after the  start of the consideration of the petition of the defense.  Kocharyan's lawyers filed a motion to dismiss Judge Artur Mkrtchyan.  As Orbelyan explained, he and the judge's son are friends, and in  order that the court's decision would not be a reason for speculation  in the future, the former president's lawyers 'team decided to recuse  the judge. Meanwhile, the court of general jurisdiction of Yerevan  decided to reject the petition of the attorneys of the second  president of Armenia Robert Kocharyan to recuse Judge Artur  Mkrtchyan.

The decision was justified by the fact that lawyer Aram  Orbelyan's connections with the family of the judge were not so close  that they could somehow influence the court decision.

Earlier, the judge on the case of changing the preventive measure  against Kocharyan Nelly Baghdasaryan recused herself. She did not  explain the reasons for which she did that. Yesterda, the prosecutor  and the investigator who were present at the court session demanded  that Baghdasaryan recuse herself. In turn, the defense has opposed.  Later, in a conversation with journalists, Kocharyan's lawyer Hayk  Alumyan noted that the demand for the judge's self-withdrawal is  related to her earlier decision on another case that is not related  to Kocharyan. In which case, the lawyer refrained from commenting.  The consideration of the case on changing the preventive measure to  the ex-president after the judge Nelly Baghdasaryan's recusal was  entrusted to David Grigoryan, however, he also recused himself,  explaining that he was not the duty judge.