Thursday, January 10 2019 16:22

ArmInfo. Nelli Baghdasaryan, the judge on the case on changing the measure of restraint in respect of the second President of Armenia Robert Kocharyan, recused herself, the meeting was postponed for an indefinite term., Robert Kocharyan's  lawyer Aram Orbelyan told journalists on January 10.

He noted that the judge did not explain the reasons for which she  recused herself.

To note, however, that yesterday 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  conversation with the journalists, Kocharyan's lawyer Hayk Alumian  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. However, the lawyer refrained from mentioning which case  he meant.

Orbelyan pointed to the evident attempt to avoid the exercise of  justice. "All the facts were known earlier, and the judge could  recuse herself both on December 26 and December 28. What was the  point in postponing everything for today?" the lawyer asked  rhetorically. He also stressed that further consideration of the case  depends on which judge will be assigned to the case. The lawyer also  announced that new petitions are being drafted to the Constitutional  Court, which, in turn, concern legislative regulations on the  conditions for the use of arrest and the institution of immunity.

To note, the petition for changing the measure of restraint against  Kocharyan was based on the fact that after the court's decision of  July 27, 2018 on the choice of measure, more than 4 months passed,  and during this time Kocharyan did not take any action to hinder the  case. Moreover, neither the Prosecutor General's Office nor the body  that carries out the proceeding refute this fact. Moreover, the  petition also notes that initially Kocharyan's freedom was restricted  illegally, and the use of bail is the means that can minimize the  violation of Robert Kocharian's rights.

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. On December 7, the Court of Appeal upheld  the verdict of the first instance for the arrest of the 2nd President  Robert Kocharyan. Without waiting for the transfer of the verdict to  the investigator, Robert Kocharyan himself came to the "Kentron"  penitentiary unit, where he was later arrested. The office of the  second president of Armenia called the arrest a political vendetta.  The RPA, however, qualified this as pre- election pressure from the  current government on political opponents.

On December 28, the Court of General Jurisdiction of Yerevan  postponed consideration of the petition of Robert Kocharyan's lawyers  for release on bail to January 9, 2019. On January 8, in an interview  with ArmInfo correspondent, Alumyan also noted that the defense  intends to appeal to the Constitutional Court.  "We believe that the  laws, in the interpretation they were applied to Robert Kocharyan,  are unconstitutional. In particular, the matter concerns the repeal  by the Court of Cassation of the decision of the Court of Appeal to  change the measure of restraint regarding Kocharyan and refer the  case back to the Court of Appeal," Alumyan said.