ArmInfo.Within the next few days, the lawyers of the second President of Armenia Robert Kocharian will submit a complaint to the Court of Cassation. According to one of the lawyers of the retired president, Hayk Alumyan, on August 13 the Court of Appeal decided to release Kocharyan from custody considering only one of the 3 grounds they submitted.
Earlier, on August 1, lawyers of the second Armenian President Robert Kocharian submitted to the Court of Appeal a complaint about the decision of the first instance court on arrest. During the court session, the appellate court was to consider two motions: the first one - the cancellation of the decision of the first instance court and the release of Robert Kocharyan, the second - the petition of the lawyer Hayk Alumyan - to replace the arrest for release on bail. However, the court freed Kocharian considering the immunity of the ex-President of the country.
Recall that the second President of Armenia Robert Kocharyan was imprisoned on July 28. The ex- president was charged under part 1 of Article 300.1 of the RA Criminal Code - overthrowing the constitutional order of the Republic of Armenia by preliminary collusion with other persons, which provides for deprivation of liberty from ten to fifteen years in the criminal case on dispersal of protest actions on March 1-2, 2008 . On August 8, the Prosecutor General's Office of Armenia rejected a petition signed by more than 40 deputies to change the measure of restraint of Kocharyan, explaining this by the fact that at this stage of the investigation there are still grounds for arresting the retired president, and choosing a non-custodial preventive measure is not capable of guaranteeing the unimpeded progress of the investigation.
Nevertheless, on August 13, the Armenian Appeal Court granted the petition of the lawyers of ex-President Robert Kocharian and canceled the decision of the first instance court referring to the constitutional norm on the inviolability of the former heads of state. The defense did not exclude the complete closure of the criminal case on usurpation of state power in 2008. "The decision of the Armenian Criminal Court of Appeal is unlawful, the Criminal Court of Appeal went beyond its powers," the Special Prosecutor's Office said in response to the decision, the Prosecutor General's Office of Armenia filed a cassation appeal against the decision of the Court of Appeal on August 20 the release of former Armenian President Robert Kocharian from the arrest, which was accepted for consideration by the Court of Cassation on August 21. Meanwhile, according to the head of the SSS, Sasun Khachatryan, if suddenly the cassation instance decides, that Robert Kocharyan is not subject to criminal prosecution taking into account his presidential status, which, according to him, is absurd, since a person can not have absolute immunity in connection with his office, the issue will be taken to the next level - to the Constitutional Court. Robert Kocharian - Hayk Alumyan, said that if the Court of Cassation of Armenia decides to re-arrest the second president, they will appeal to the European Court of Human Rights (ECHR).