ArmInfo. The decision of the Constitutional Court in the case of Robert Kocharian does not imply a change in the measure of restraint. Similar confidence on the air of the "Erankar" program was expressed by the Minister of Justice of Armenia Rustam Badasyan.
He recalled that the Constitutional Court considered the constitutionality of two articles of the Criminal Code. <The Constitutional Court recognized the constitutional part 2 of Article 135 of the Code of Criminal Procedure, which concerns the verification of the criteria for the validity of suspicion when discussing the issue of arrest. Thus, according to the decision of the Constitutional Court, the question of changing the preventive measure against Kocharyan cannot be raised>, the minister assured, while emphasizing that the final conclusions on the verdict of the Constitutional Court can only be made after the full conclusion of the lawsuit is made public.
At the same time, the minister focused on the issue that during a meeting of the Constitutional Court one of the judges raised the question of the impossibility of the participation of three members of the court in the discussion of this claim, based on certain objective circumstances. "However, the Constitutional Court did not consider this issue, which causes various suspicions," the minister noted.
It should be noted that on the eve of the Constitutional Court of Armenia partially satisfied the lawsuit of the defense of Robert Kocharian - Article 35 of the RA Criminal Code is recognized as unconstitutional, since it does not provide for the functional inviolability of officials who are specially protected by the Constitution, including circumstances that exclude criminal proceedings or criminal prosecution. "This article is found to be contrary to clause 4 of part 1 of article 27, part 1 of article 61, part 1 of article 63, articles 75 of the Constitution," the Constitutional Court said.
On the second appeal of Kocharyan's defense on the review of compliance with the Constitution of Part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia, the Constitutional Court recognized it as complying with the main law of the country. Thus, the Constitutional Court ruled that the verdicts adopted today, in accordance with part 2 of Article 179 of the Constitution, are final and come into force from the moment they are published. The Chairman of the Constitutional Court Hrayr Tovmasyan stated that the two judges of the Constitutional Court - Arman Dilanyan and Felix Tokhyan have a separate opinion, and the decision of the Constitutional Court will be announced in full within three days.
It should be noted that Robert Kocharian was arrested on charges of overthrowing the constitutional order. On the eve of some experts expressed the opinion that the decision of the Constitutional Court involves changing the preventive measure against the second president of Armenia Robert Kocharian, who is accused of overthrowing the constitutional system, and his release before the court verdict.