Protection of Robert Kocharyan on basis of new circumstances  presented another complaint to Court of Appeal

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.