Thursday, September 5 2019 12:33
Tatevik Shahunyan

Minister of Justice: Decision of the Constitutional Court in the case  of Robert Kocharian does not imply a change in the measure of  restraint

Minister of Justice: Decision of the Constitutional Court in the case  of Robert Kocharian does not imply a change in the measure of  restraint

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. 

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