ArmInfo. The defense of the second President of Armenia, Robert Kocharyan, on the basis of the new circumstances, presented another complaint to the Court of Appeal. As the lawyer of the former president Hayk Alumyan stated in an interview with journalists, it is a question of new circumstances that have arisen after a telephone conversation between the heads of the National Security Service and the Soviet Union.
According to the Kocharyan defense, the decision on the preventive measure for the retired president by the court of first instance was made under the influence of a certain pressure. According to Alumyan, while listening to a well-known telephone conversation, it becomes clear that the request for arrest was submitted to the court of first instance with the aim of forcing to testify and not pursuing a legitimate aim.
Again, according to the lawyer, in order to arrest Kocharyan, firstly, it must be proved that he should not exercise the right to immunity in this case. Further, in case of refusal, the ex-president in this law should have discussed the question of whether there is in fact a reasonable suspicion that Kocharyan committed the crimes incriminated to him. However, according to the lawyer, reasonable suspicion is also not enough for his arrest. The prosecution must prove that if Kocharyan is free, he can hide from justice or otherwise impede his implementation.
Responding to the remark that the next complaint of the defense on the basis of new circumstances may be considered unreasonable, since listening to this conversation may be considered as illegal evidence, Alumyan replied: "There was no court verdict that could have been said that the interception was illegal."
To recall, Robert Kocharyan is accused under Art. 300.1 of the Criminal Code of Armenia in overthrowing the constitutional system in the framework of the criminal case on the dispersal of protest actions on March 1, 2008. Even before his arrest (July 28), Kocharyan called the accusation against him political persecution. Earlier, the Investigation Committee of Armenia rejected the request of Kocharyan's lawyers to grant the second President of Armenia the procedural status of the victim in the case under investigation in the NC about making public a telephone conversation between the heads of the National Security Service and the Republic of Armenia. On November 15, the Court of Cassation annulled the decision of the Court of Appeal on the abolition of the measure of restraint in the form of arrest against Robert Kocharyan and sent the case to the same court for a new consideration. The trial to determine the measure of restraint in respect of the second President of the Republic of Armenia Robert Kocharian will continue on December 3. Armenian General Prosecutor's Office insists on Kocharyan's arrest.