ArmInfo. The Constitutional Court of Armenia refused the claim of former President Robert Kocharian's lawyers for accepting to consider the issue of compliance with paragraph 1 of Part 1 of Art. 414. Of the Criminal Procedure Code of Armenia, Articles 61, 63, 75 and 79 of the Constitution of the Republic of Armenia.
According to the lawyers of the former president, this provision and its regulated consequences directly lead to the violation of the right enshrined in Article 61 of the Constitution, and also distort and make senseless the right to a fair trial guaranteed by Article 63 of the Constitution. Meanwhile, according to the Constitutional Court, the fact that the scope of constitutional justice goes beyond the authority of the Court of Cassation does not mean that the Court of Cassation does not have the power to interpret and apply the Constitution.
The Constitutional Court also stresses that, in accordance with Art. 164 of the Constitution, the judge in the exercise of his powers is independent, impartial and acts only in accordance with the Constitution and laws.
"The legislative and constitutional functions of the Court of Cassation fix that the Court of Cassation, unlike the courts of first instance and the court of appeal, has the right not to accept any case for production," the Constitutional Court underlines.